BILL NUMBER: SB 1226	CHAPTERED  09/15/99

	CHAPTER   399
	FILED WITH SECRETARY OF STATE   SEPTEMBER 15, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 15, 1999
	PASSED THE SENATE   AUGUST 26, 1999
	PASSED THE ASSEMBLY   AUGUST 23, 1999
	AMENDED IN ASSEMBLY   AUGUST 19, 1999
	AMENDED IN ASSEMBLY   JULY 15, 1999
	AMENDED IN ASSEMBLY   JUNE 21, 1999
	AMENDED IN SENATE   MAY 18, 1999
	AMENDED IN SENATE   MAY 6, 1999
	AMENDED IN SENATE   APRIL 21, 1999

INTRODUCED BY   Senator Johannessen

                        FEBRUARY 26, 1999

   An act to amend Sections 361.5, 366.21, and 366.22 of the Welfare
and Institutions Code, relating to dependent children.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1226, Johannessen.  Dependent children:  status review
hearings.
   (1) Existing law requires that reunification services be provided
to the parent or guardian of a child who is removed from his or her
custody on the basis of abuse or neglect. These services need not be
provided under certain circumstances, including where the court has
ordered a permanent plan of adoption, guardianship, or long-term
foster care for any sibling or half-sibling of the child for
specified reasons.
   This bill would instead provide that those services need not be
provided where the court ordered termination of reunification
services for the sibling or half-sibling of the child for specified
reasons.
   (2) Existing law provides that at the status review hearing held 6
months after the initial dispositional hearing regarding a dependent
child, the court is required to order the return of the child to the
physical custody of his or her parent or guardian unless the court
finds, by a preponderance of the evidence, that the return of the
child to his or her parent or guardian would create a substantial
risk of detriment to the safety, protection, or physical or emotional
well-being of the child.  Existing law provides that the social
worker has the burden of establishing that detriment, and that the
failure of the parent or guardian to participate regularly in
court-ordered treatment programs shall be prima facie evidence that
return would be detrimental.
   This bill would provide that the failure of the parent or guardian
to participate regularly and make substantive progress in
court-ordered treatment programs would constitute prima facie
evidence that return of the child to the physical custody of his or
her parent or guardian would be detrimental to the child, as
specified.
   This bill would incorporate additional changes in Sections 361.5
and 366.21 of the Welfare and Institutions Code proposed by both AB
645 and AB 740, to be operative if this bill and one or more of the
other bills are enacted and become effective January 1, 2000, and
this bill is enacted last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 361.5 of the Welfare and Institutions Code is
amended to read:
   361.5.  (a) Except as provided in subdivision (b) of this section
or when the parent has voluntarily relinquished the child and the
relinquishment has been filed with the State Department of Social
Services, or upon the establishment of an order of guardianship
pursuant to Section 360, whenever a child is removed from a parent's
or guardian's custody, the juvenile court shall order the social
worker to provide child welfare services to the child and the child's
mother and statutorily presumed father or guardians.  Upon a finding
and declaration of paternity by the juvenile court or proof of a
prior declaration of paternity by any court of competent
jurisdiction, the juvenile court may order services for the child and
the biological father, if the court determines that the services
will benefit the child.  Child welfare services, when provided, shall
be provided as follows:
   (1) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was three years of
age or older, court-ordered services shall not exceed a period of 12
months from the date the child entered foster care.
   (2) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was under the age
of three years, court-ordered services shall not exceed a period of
six months from the date the child entered foster care.
   Regardless of the age of the child, a child shall be deemed to
have entered foster care on the earlier of the date of the
jurisdictional hearing held pursuant to Section 356 or the date that
is 60 days after the date on which the child was initially removed
from the physical custody of his or her parent or guardian.
   Notwithstanding paragraphs (1) and (2), court-ordered services may
be extended up to a maximum time period not to exceed 18 months
after the date the child was originally removed from physical custody
of his or her parent or guardian if it can be shown, at the hearing
held pursuant to subdivision (f) of Section 366.21, that the
permanent plan for the child is that he or she will be returned and
safely maintained in the home within the extended time period.  The
court shall extend the time period only if it finds that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period or that reasonable services have not been provided to
the parent or guardian.  If the court extends the time period, the
court shall specify the factual basis for its conclusion that there
is a substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period.  The court also shall make findings pursuant to
subdivision (a) of Section 366 and subdivision (e) of Section 358.1.

   When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
unless the parent's or guardian's participation is deemed by the
court to be inappropriate or potentially detrimental to the child.
Physical custody of the child by the parents or guardians during the
12-month period shall not serve to interrupt the running of the
period.  If at the end of the 12-month period, a child cannot be
safely returned to the care and custody of a parent or guardian
without court supervision, but the child clearly desires contact with
the parent or guardian, the court shall take the child's desire into
account in devising a permanency plan.
   In cases where the child was under the age of three years on the
date of the initial removal from the physical custody of his or her
parent or guardian, the court shall inform the parent or guardian
that the failure of the parent or guardian to participate regularly
in any court-ordered treatment programs or to cooperate or avail
himself or herself of services provided as part of the child welfare
services case plan may result in a termination of efforts to reunify
the family after six months.
   Except in cases where, pursuant to subdivision (b), the court does
not order reunification services, the court shall inform the parent
or parents of Section 366.26 and shall specify that the parent's or
parents' parental rights may be terminated.
   (b) Reunification services need not be provided to a parent or
guardian described in this subdivision when the court finds, by clear
and convincing evidence, any of the following:
   (1) That the whereabouts of the parent or guardian is unknown.  A
finding pursuant to this paragraph shall be supported by an affidavit
or by proof that a reasonably diligent search has failed to locate
the parent or guardian.  The posting or publication of notices is not
required in that search.
   (2) That the parent or guardian is suffering from a mental
disability that is described in Chapter 2 (commencing with Section
7820) of Part 4 of Division 12 of the Family Code and that renders
him or her incapable of utilizing those services.
   (3) That the child or a sibling of the child has been previously
adjudicated a dependent pursuant to any subdivision of Section 300 as
a result of physical or sexual abuse, that following that
adjudication the child had been removed from the custody of his or
her parent or guardian pursuant to Section 361, that the child has
been returned to the custody of the parent or guardian from whom the
child had been taken originally, and that the child is being removed
pursuant to Section 361, due to additional physical or sexual abuse.

   (4) That the parent or guardian of the child has caused the death
of another child through abuse or neglect.
   (5) That the child was brought within the jurisdiction of the
court under subdivision (e) of Section 300 because of the conduct of
that parent or guardian.
   (6) That the child has been adjudicated a dependent pursuant to
any subdivision of Section 300 as a result of severe sexual abuse or
the infliction of severe physical harm to the child, a sibling, or a
half-sibling by a parent or guardian, as defined in this subdivision,
and the court makes a factual finding that it would not benefit the
child to pursue reunification services with the offending parent or
guardian.
   A finding of severe sexual abuse, for the purposes of this
subdivision, may be based on, but is not limited to, sexual
intercourse, or stimulation involving genital-genital, oral-genital,
anal-genital, or oral-anal contact, whether between the parent or
guardian and the child or a sibling or half-sibling of the child, or
between the child or a sibling or half-sibling of the child and
another person or animal with the actual or implied consent of the
parent or guardian; or the penetration or manipulation of the child'
s, sibling's, or half-sibling's genital organs or rectum by any
animate or inanimate object for the sexual gratification of the
parent or guardian, or for the sexual gratification of another person
with the actual or implied consent of the parent or guardian.
   A finding of the infliction of severe physical harm, for the
purposes of this subdivision, may be based on, but is not limited to,
deliberate and serious injury inflicted to or on a child's body or
the body of a sibling or half-sibling of the child by an act or
omission of the parent or guardian, or of another individual or
animal with the consent of the parent or guardian; deliberate and
torturous confinement of the child, sibling, or half-sibling in a
closed space; or any other torturous act or omission that would be
reasonably understood to cause serious emotional damage.
   (7) That the parent is not receiving reunification services for a
sibling or a half-sibling of the child pursuant to paragraph (3),
(5), or (6).
   (8) That the child was conceived by means of the commission of an
offense listed in Section 288 or 288.5 of the Penal Code, or by an
act committed outside of this state that, if committed in this state,
would constitute one of those offenses.  This paragraph only applies
to the parent who committed the offense or act.
   (9) That the child has been found to be a child described in
subdivision (g) of Section 300, that the parent or guardian of the
child willfully abandoned the child, and the court finds that the
abandonment itself constituted a serious danger to the child.  For
the purposes of this paragraph, "serious danger" means that without
the intervention of another person or agency, the child would have
sustained severe or permanent disability, injury, illness, or death.
For purposes of this paragraph, "willful abandonment" shall not be
construed as actions taken in good faith by the parent without the
intent of placing the child in serious danger.
   (10) That (A) the court ordered termination of reunification
services for any siblings or half-siblings of the child because the
parent or guardian failed to reunify with the sibling or half-sibling
after the sibling or half-sibling had been removed from that parent
or guardian pursuant to Section 361 and that parent or guardian is
the same parent or guardian described in subdivision (a), or (B) the
parental rights of a parent or guardian over any sibling or
half-sibling of the child had been permanently severed, and that,
according to the findings of the court, this parent or guardian has
not subsequently made a reasonable effort to treat the problems that
led to removal of the sibling or half-sibling of that child from that
parent or guardian.
   (11) That the parent or guardian of the child has been convicted
of a violent felony, as defined in subdivision (c) of Section 667.5
of the Penal Code.
   (12) That the parent or guardian of the child has a history of
extensive, abusive, and chronic use of drugs or alcohol and has
resisted prior treatment for this problem during a three-year period
immediately prior to the filing of the petition that brought that
child to the court's attention, or has failed or refused to comply
with a program of drug or alcohol treatment described in the case
plan required by Section 358.1 on at least two prior occasions, even
though the programs identified were available and accessible.
   (13) That the parent or guardian of the child has advised the
court that he or she is not interested in receiving family
maintenance or family reunification services or having the child
returned to or placed in his or her custody and does not wish to
receive family maintenance or reunification services.
   The parent or guardian shall be represented by counsel and shall
execute a waiver of services form to be adopted by the Judicial
Council.  The court shall advise the parent or guardian of any right
to services and of the possible consequences of a waiver of services,
including the termination of parental rights and placement of the
child for adoption.  The court shall not accept the waiver of
services unless it states on the record its finding that the parent
or guardian has knowingly and intelligently waived the right to
services.
   (14) That the parent or guardian has on one or more occasions
willfully abducted the child or child's sibling or half-sibling from
his or her placement and refused to disclose the child's or child's
sibling or half-sibling's whereabouts, refused to return physical
custody of the child or child's sibling or half-sibling to his or her
placement, or refused to return physical custody of the child or
child's sibling or half-sibling to the social worker.
   (c) In deciding whether to order reunification in any case in
which this section applies, the court shall hold a dispositional
hearing.  The social worker shall prepare a report that discusses
whether reunification services shall be provided.  When it is
alleged, pursuant to paragraph (2) of subdivision (b), that the
parent is incapable of utilizing services due to mental disability,
the court shall order reunification services unless competent
evidence from mental health professionals establishes that, even with
the provision of services, the parent is unlikely to be capable of
adequately caring for the child within the time limits specified in
subdivision (a).
   The court shall not order reunification for a parent or guardian
described in paragraph (3), (4), (6), (7), (8), (9), (10), (11),
(12), (13), or (14) of subdivision (b) unless the court finds, by
clear and convincing evidence, that reunification is in the best
interest of the child.
   In addition, the court shall not order reunification in any
situation described in paragraph (5) of subdivision (b) unless it
finds that, based on competent testimony, those services are likely
to prevent reabuse or continued neglect of the child or that failure
to try reunification will be detrimental to the child because the
child is closely and positively attached to that parent.  The social
worker shall investigate the circumstances leading to the removal of
the child and advise the court whether there are circumstances that
indicate that reunification is likely to be successful or
unsuccessful and whether failure to order reunification is likely to
be detrimental to the child.
   The failure of the parent to respond to previous services, the
fact that the child was abused while the parent was under the
influence of drugs or alcohol, a past history of violent behavior, or
testimony by a competent professional that the parent's behavior is
unlikely to be changed by services are among the factors indicating
that reunification services are unlikely to be successful.  The fact
that a parent or guardian is no longer living with an individual who
severely abused the child may be considered in deciding that
reunification services are likely to be successful, provided that the
court shall consider any pattern of behavior on the part of the
parent that has exposed the child to repeated abuse.
   (d) If reunification services are not ordered pursuant to
paragraph (1) of subdivision (b) and the whereabouts of a parent
become known within six months of the out-of-home placement of the
child, the court shall order the social worker to provide family
reunification services in accordance with this subdivision.
   (e) (1) If the parent or guardian is incarcerated or
institutionalized, the court shall order reasonable services unless
the court determines, by clear and convincing evidence, those
services would be detrimental to the child.  In determining
detriment, the court shall consider the age of the child, the degree
of parent-child bonding, the length of the sentence, the nature of
the treatment, the nature of the crime or illness, the degree of
detriment to the child if services are not offered and, for children
10 years of age or older, the child's attitude toward the
implementation of family reunification services, and any other
appropriate factors.  Reunification services are subject to the
12-month limitation imposed in subdivision (a).  Services may
include, but shall not be limited to, all of the following:
   (A) Maintaining contact between the parent and child through
collect telephone calls.
   (B) Transportation services, where appropriate.
   (C) Visitation services, where appropriate.
   (D) Reasonable services to extended family members or foster
parents providing care for the child if the services are not
detrimental to the child.
   An incarcerated parent may be required to attend counseling,
parenting classes, or vocational training programs as part of the
service plan if these programs are available.
   (2) The presiding judge of the juvenile court of each county may
convene representatives of the county welfare department, the sheriff'
s department, and other appropriate entities for the purpose of
developing and entering into protocols for ensuring the notification,
transportation, and presence of an incarcerated or institutionalized
parent at all court hearings involving proceedings affecting the
child pursuant to Section 2625 of the Penal Code.
   (3) Notwithstanding any other provision of law, if the
incarcerated parent is a woman seeking to participate in the
community treatment program operated by the Department of Corrections
pursuant to Chapter 4.8 (commencing with Section 1174) of Title 7 of
Part 2 of, Chapter 4 (commencing with Section 3410) of Title 2 of
Part 3 of, the Penal Code, the court shall determine whether the
parent's participation in a program is in the child's best interest
and whether it is suitable to meet the needs of the parent and child.

   (f) If the court, pursuant to paragraph (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), (13), or (14) of subdivision (b) or
paragraph (1) of subdivision (e), does not order reunification
services, it shall, at the dispositional hearing, that shall include
a permanency hearing, determine if a hearing under Section 366.26
shall be set in order to determine whether adoption, guardianship, or
long-term foster care is the most appropriate plan for the child.
If the court so determines, it shall conduct the hearing pursuant to
Section 366.26 within 120 days after the dispositional hearing.
However, the court shall not schedule a hearing so long as the other
parent is being provided reunification services pursuant to
subdivision (a).  The court may continue to permit the parent to
visit the child unless it finds that visitation would be detrimental
to the child.
   (g) Whenever a court orders that a hearing shall be held pursuant
to Section 366.26, it shall direct the agency supervising the child
and the licensed county adoption agency, or the State Department of
Social Services when it is acting as an adoption agency in counties
that are not served by a county adoption agency, to prepare an
assessment that shall include:
   (1) Current search efforts for an absent parent or parents.
   (2) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement.  Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purpose of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
   (3) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship.  If a proposed guardian is a relative of the minor, and
the relative was assessed for foster care placement of the minor
prior to January 1, 1998, the assessment shall also consider, but
need not be limited to, all of the factors specified in subdivision
(a) of Section 361.3.  As used in this paragraph, "relative" means an
adult who is related to the minor by blood, adoption, or affinity
within the fifth degree of kinship, including stepparents,
stepsiblings, and all relatives whose status is preceded by the words
"great," "great-great," or "grand," or the spouse of any of those
persons even if the marriage was terminated by death or dissolution.

   (5) The relationship of the child to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (6) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (h) In determining whether reunification services will benefit the
child pursuant to paragraph (6) or (7) of subdivision (b), the court
shall consider any information it deems relevant, including the
following factors:
   (1) The specific act or omission comprising the severe sexual
abuse or the severe physical harm inflicted on the child or the child'
s sibling or half-sibling.
   (2) The circumstances under which the abuse or harm was inflicted
on the child or the child's sibling or half-sibling.
   (3) The severity of the emotional trauma suffered by the child or
the child's sibling or half-sibling.
   (4) Any history of abuse of other children by the offending parent
or guardian.
   (5) The likelihood that the child may be safely returned to the
care of the offending parent or guardian within 12 months with no
continuing supervision.
   (6) Whether or not the child desires to be reunified with the
offending parent or guardian.
   (i) The court shall read into the record the basis for a finding
of severe sexual abuse or the infliction of severe physical harm
under paragraph (6) of subdivision (b), and shall also specify the
factual findings used to determine that the provision of
reunification services to the offending parent or guardian would not
benefit the child.
  SEC. 1.1.  Section 361.5 of the Welfare and Institutions Code is
amended to read:
   361.5.  (a) Except as provided in subdivision (b) of this section
or when the parent has voluntarily relinquished the child and the
relinquishment has been filed with the State Department of Social
Services, or upon the establishment of an order of guardianship
pursuant to Section 360, whenever a child is removed from a parent's
or guardian's custody, the juvenile court shall order the social
worker to provide child welfare services to the child and the child's
mother and statutorily presumed father or guardians.  Upon a finding
and declaration of paternity by the juvenile court or proof of a
prior declaration of paternity by any court of competent
jurisdiction, the juvenile court may order services for the child and
the biological father, if the court determines that the services
will benefit the child.  Child welfare services, when provided, shall
be provided as follows:
   (1) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was three years of
age or older, court-ordered services shall not exceed a period of 12
months from the date the child entered foster care.
   (2) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was under the age
of three years, court-ordered services shall not exceed a period of
six months from the date the child entered foster care.
   Regardless of the age of the child, a child shall be deemed to
have entered foster care on the earlier of the date of the
jurisdictional hearing held pursuant to Section 356 or the date that
is 60 days after the date on which the child was initially removed
from the physical custody of his or her parent or guardian.
   Notwithstanding paragraphs (1) and (2), court-ordered services may
be extended up to a maximum time period not to exceed 18 months
after the date the child was originally removed from physical custody
of his or her parent or guardian if it can be shown, at the hearing
held pursuant to subdivision (f) of Section 366.21, that the
permanent plan for the child is that he or she will be returned and
safely maintained in the home within the extended time period.  The
court shall extend the time period only if it finds that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period or that reasonable services have not been provided to
the parent or guardian.  If the court extends the time period, the
court shall specify the factual basis for its conclusion that there
is a substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period.  The court also shall make findings pursuant to
subdivision (a) of Section 366 and subdivision (e) of Section 358.1.

   When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
unless the parent's or guardian's participation is deemed by the
court to be inappropriate or potentially detrimental to the child.
Physical custody of the child by the parents or guardians during the
12-month period shall not serve to interrupt the running of the
period.  If at the end of the 12-month period, a child cannot be
safely returned to the care and custody of a parent or guardian
without court supervision, but the child clearly desires contact with
the parent or guardian, the court shall take the child's desire into
account in devising a permanency plan.
   In cases where the child was under the age of three years on the
date of the initial removal from the physical custody of his or her
parent or guardian, the court shall inform the parent or guardian
that the failure of the parent or guardian to participate regularly
in any court-ordered treatment programs or to cooperate or avail
himself or herself of services provided as part of the child welfare
services case plan may result in a termination of efforts to reunify
the family after six months.
   Except in cases where, pursuant to subdivision (b), the court does
not order reunification services, the court shall inform the parent
or parents of Section 366.26 and shall specify that the parent's or
parents' parental rights may be terminated.
   (b) Reunification services need not be provided to a parent or
guardian described in this subdivision when the court finds, by clear
and convincing evidence, any of the following:
   (1) That the whereabouts of the parent or guardian is unknown.  A
finding pursuant to this paragraph shall be supported by an affidavit
or by proof that a reasonably diligent search has failed to locate
the parent or guardian.  The posting or publication of notices is not
required in that search.
   (2) That the parent or guardian is suffering from a mental
disability that is described in Chapter 2 (commencing with Section
7820) of Part 4 of Division 12 of the Family Code and that renders
him or her incapable of utilizing those services.
   (3) That the child or a sibling of the child has been previously
adjudicated a dependent pursuant to any subdivision of Section 300 as
a result of physical or sexual abuse, that following that
adjudication the child had been removed from the custody of his or
her parent or guardian pursuant to Section 361, that the child has
been returned to the custody of the parent or
                     guardian from whom the child had been taken
originally, and that the child is being removed pursuant to Section
361, due to additional physical or sexual abuse.
   (4) That the parent or guardian of the child has caused the death
of another child through abuse or neglect.
   (5) That the child was brought within the jurisdiction of the
court under subdivision (e) of Section 300 because of the conduct of
that parent or guardian.
   (6) That the child has been adjudicated a dependent pursuant to
any subdivision of Section 300 as a result of severe sexual abuse or
the infliction of severe physical harm to the child, a sibling, or a
half-sibling by a parent or guardian, as defined in this subdivision,
and the court makes a factual finding that it would not benefit the
child to pursue reunification services with the offending parent or
guardian.
   A finding of severe sexual abuse, for the purposes of this
subdivision, may be based on, but is not limited to, sexual
intercourse, or stimulation involving genital-genital, oral-genital,
anal-genital, or oral-anal contact, whether between the parent or
guardian and the child or a sibling or half-sibling of the child, or
between the child or a sibling or half-sibling of the child and
another person or animal with the actual or implied consent of the
parent or guardian; or the penetration or manipulation of the child'
s, sibling's, or half-sibling's genital organs or rectum by any
animate or inanimate object for the sexual gratification of the
parent or guardian, or for the sexual gratification of another person
with the actual or implied consent of the parent or guardian.
   A finding of the infliction of severe physical harm, for the
purposes of this subdivision, may be based on, but is not limited to,
deliberate and serious injury inflicted to or on a child's body or
the body of a sibling or half-sibling of the child by an act or
omission of the parent or guardian, or of another individual or
animal with the consent of the parent or guardian; deliberate and
torturous confinement of the child, sibling, or half-sibling in a
closed space; or any other torturous act or omission that would be
reasonably understood to cause serious emotional damage.
   (7) That the parent is not receiving reunification services for a
sibling or a half-sibling of the child pursuant to paragraph (3),
(5), or (6).
   (8) That the child was conceived by means of the commission of an
offense listed in Section 288 or 288.5 of the Penal Code, or by an
act committed outside of this state that, if committed in this state,
would constitute one of those offenses.  This paragraph only applies
to the parent who committed the offense or act.
   (9) That the child has been found to be a child described in
subdivision (g) of Section 300, that the parent or guardian of the
child willfully abandoned the child, and the court finds that the
abandonment itself constituted a serious danger to the child.  For
the purposes of this paragraph, "serious danger" means that without
the intervention of another person or agency, the child would have
sustained severe or permanent disability, injury, illness, or death.
For purposes of this paragraph, "willful abandonment" shall not be
construed as actions taken in good faith by the parent without the
intent of placing the child in serious danger.
   (10) That (A) the court ordered termination of reunification
services for any siblings or half-siblings of the child because the
parent or guardian failed to reunify with the sibling or half-sibling
after the sibling or half-sibling had been removed from that parent
or guardian pursuant to Section 361 and that parent or guardian is
the same parent or guardian described in subdivision (a), or (B) the
parental rights of a parent or guardian over any sibling or
half-sibling of the child had been permanently severed, and that,
according to the findings of the court, this parent or guardian has
not subsequently made a reasonable effort to treat the problems that
led to removal of the sibling or half-sibling of that child from that
parent or guardian.
   (11) That the parent or guardian of the child has been convicted
of a violent felony, as defined in subdivision (c) of Section 667.5
of the Penal Code.
   (12) That the parent or guardian of the child has a history of
extensive, abusive, and chronic use of drugs or alcohol and has
resisted prior treatment for this problem during a three-year period
immediately prior to the filing of the petition that brought that
child to the court's attention, or has failed or refused to comply
with a program of drug or alcohol treatment described in the case
plan required by Section 358.1 on at least two prior occasions, even
though the programs identified were available and accessible.
   (13) That the parent or guardian of the child has advised the
court that he or she is not interested in receiving family
maintenance or family reunification services or having the child
returned to or placed in his or her custody and does not wish to
receive family maintenance or reunification services.
   The parent or guardian shall be represented by counsel and shall
execute a waiver of services form to be adopted by the Judicial
Council.  The court shall advise the parent or guardian of any right
to services and of the possible consequences of a waiver of services,
including the termination of parental rights and placement of the
child for adoption.  The court shall not accept the waiver of
services unless it states on the record its finding that the parent
or guardian has knowingly and intelligently waived the right to
services.
   (14) That the parent or guardian has on one or more occasions
willfully abducted the child or child's sibling or half-sibling from
his or her placement and refused to disclose the child's or child's
sibling or half-sibling's whereabouts, refused to return physical
custody of the child or child's sibling or half-sibling to his or her
placement, or refused to return physical custody of the child or
child's sibling or half-sibling to the social worker.
   (c) In deciding whether to order reunification in any case in
which this section applies, the court shall hold a dispositional
hearing.  The social worker shall prepare a report that discusses
whether reunification services shall be provided.  When it is
alleged, pursuant to paragraph (2) of subdivision (b), that the
parent is incapable of utilizing services due to mental disability,
the court shall order reunification services unless competent
evidence from mental health professionals establishes that, even with
the provision of services, the parent is unlikely to be capable of
adequately caring for the child within the time limits specified in
subdivision (a).
   The court shall not order reunification for a parent or guardian
described in paragraph (3), (4), (6), (7), (8), (9), (10), (11),
(12), (13), or (14) of subdivision (b) unless the court finds, by
clear and convincing evidence, that reunification is in the best
interest of the child.
   In addition, the court shall not order reunification in any
situation described in paragraph (5) of subdivision (b) unless it
finds that, based on competent testimony, those services are likely
to prevent reabuse or continued neglect of the child or that failure
to try reunification will be detrimental to the child because the
child is closely and positively attached to that parent.  The social
worker shall investigate the circumstances leading to the removal of
the child and advise the court whether there are circumstances that
indicate that reunification is likely to be successful or
unsuccessful and whether failure to order reunification is likely to
be detrimental to the child.
   The failure of the parent to respond to previous services, the
fact that the child was abused while the parent was under the
influence of drugs or alcohol, a past history of violent behavior, or
testimony by a competent professional that the parent's behavior is
unlikely to be changed by services are among the factors indicating
that reunification services are unlikely to be successful.  The fact
that a parent or guardian is no longer living with an individual who
severely abused the child may be considered in deciding that
reunification services are likely to be successful, provided that the
court shall consider any pattern of behavior on the part of the
parent that has exposed the child to repeated abuse.
   (d) If reunification services are not ordered pursuant to
paragraph (1) of subdivision (b) and the whereabouts of a parent
become known within six months of the out-of-home placement of the
child, the court shall order the social worker to provide family
reunification services in accordance with this subdivision.
   (e) (1) If the parent or guardian is incarcerated or
institutionalized, the court shall order reasonable services unless
the court determines, by clear and convincing evidence, those
services would be detrimental to the child.  In determining
detriment, the court shall consider the age of the child, the degree
of parent-child bonding, the length of the sentence, the nature of
the treatment, the nature of the crime or illness, the degree of
detriment to the child if services are not offered and, for children
10 years of age or older, the child's attitude toward the
implementation of family reunification services, and any other
appropriate factors.  Reunification services are subject to the
12-month limitation imposed in subdivision (a).  Services may
include, but shall not be limited to, all of the following:
   (A) Maintaining contact between the parent and child through
collect telephone calls.
   (B) Transportation services, where appropriate.
   (C) Visitation services, where appropriate.
   (D) Reasonable services to extended family members or foster
parents providing care for the child if the services are not
detrimental to the child.
   An incarcerated parent may be required to attend counseling,
parenting classes, or vocational training programs as part of the
service plan if these programs are available.
   (2) The presiding judge of the juvenile court of each county may
convene representatives of the county welfare department, the sheriff'
s department, and other appropriate entities for the purpose of
developing and entering into protocols for ensuring the notification,
transportation, and presence of an incarcerated or institutionalized
parent at all court hearings involving proceedings affecting the
child pursuant to Section 2625 of the Penal Code.
   (3) Notwithstanding any other provision of law, if the
incarcerated parent is a woman seeking to participate in the
community treatment program operated by the Department of Corrections
pursuant to Chapter 4.8 (commencing with Section 1174) of Title 7 of
Part 2 of, Chapter 4 (commencing with Section 3410) of Title 2 of
Part 3 of, the Penal Code, the court shall determine whether the
parent's participation in a program is in the child's best interest
and whether it is suitable to meet the needs of the parent and child.

   (f) If the court, pursuant to paragraph (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), (13), or (14) of subdivision (b) or
paragraph (1) of subdivision (e), does not order reunification
services, it shall, at the dispositional hearing, that shall include
a permanency hearing, determine if a hearing under Section 366.26
shall be set in order to determine whether adoption, guardianship, or
long-term foster care is the most appropriate plan for the child.
If the court so determines, it shall conduct the hearing pursuant to
Section 366.26 within 120 days after the dispositional hearing.
However, the court shall not schedule a hearing so long as the other
parent is being provided reunification services pursuant to
subdivision (a).  The court may continue to permit the parent to
visit the child unless it finds that visitation would be detrimental
to the child.
   (g) Whenever a court orders that a hearing shall be held pursuant
to Section 366.26, it shall direct the agency supervising the child
and the licensed county adoption agency, or the State Department of
Social Services when it is acting as an adoption agency in counties
that are not served by a county adoption agency, to prepare an
assessment that shall include:
   (1) Current search efforts for an absent parent or parents.
   (2) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement.  Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purpose of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
   (3) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.  The evaluation of the
minor's scholastic status shall include whether the child has been
identified as having exceptional needs as described in Part 30
(commencing with Section 56000) of Division 4 of Title 2 of the
Education Code or disabilities justifying accommodations as described
in Chapter 16 of Title 29 of the United States Code Annotated; and
any information concerning whether the right of the parent or
guardian to make educational decisions for the child has previously
been limited by the court under Section 7579.5 of the Government
Code; and whether the parent or guardian has previously designated an
educational representative.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship.  If a proposed guardian is a relative of the minor, and
the relative was assessed for foster care placement of the minor
prior to January 1, 1998, the assessment shall also consider, but
need not be limited to, all of the factors specified in subdivision
(a) of Section 361.3.  As used in this paragraph, "relative" means an
adult who is related to the minor by blood, adoption, or affinity
within the fifth degree of kinship, including stepparents,
stepsiblings, and all relatives whose status is preceded by the words
"great," "great-great," or "grand," or the spouse of any of those
persons even if the marriage was terminated by death or dissolution.

   (5) The relationship of the child to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (6) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (h) In determining whether reunification services will benefit the
child pursuant to paragraph (6) or (7) of subdivision (b), the court
shall consider any information it deems relevant, including the
following factors:
   (1) The specific act or omission comprising the severe sexual
abuse or the severe physical harm inflicted on the child or the child'
s sibling or half-sibling.
   (2) The circumstances under which the abuse or harm was inflicted
on the child or the child's sibling or half-sibling.
   (3) The severity of the emotional trauma suffered by the child or
the child's sibling or half-sibling.
   (4) Any history of abuse of other children by the offending parent
or guardian.
   (5) The likelihood that the child may be safely returned to the
care of the offending parent or guardian within 12 months with no
continuing supervision.
   (6) Whether or not the child desires to be reunified with the
offending parent or guardian.
   (i) The court shall read into the record the basis for a finding
of severe sexual abuse or the infliction of severe physical harm
under paragraph (6) of subdivision (b), and shall also specify the
factual findings used to determine that the provision of
reunification services to the offending parent or guardian would not
benefit the child.
  SEC. 1.2.  Section 361.5 of the Welfare and Institutions Code is
amended to read:
   361.5.  (a) Except as provided in subdivision (b) of this section
or when the parent has voluntarily relinquished the child and the
relinquishment has been filed with the State Department of Social
Services, or upon the establishment of an order of guardianship
pursuant to Section 360, whenever a child is removed from a parent's
or guardian's custody, the juvenile court shall order the social
worker to provide child welfare services to the child and the child's
mother and statutorily presumed father or guardians.  Upon a finding
and declaration of paternity by the juvenile court or proof of a
prior declaration of paternity by any court of competent
jurisdiction, the juvenile court may order services for the child and
the biological father, if the court determines that the services
will benefit the child.  Child welfare services, when provided, shall
be provided as follows:
   (1) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was three years of
age or older, court-ordered services shall not exceed a period of 12
months from the date the child entered foster care, except as
otherwise provided in paragraph (3).
   (2) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was under the age
of three years, court-ordered services shall not exceed a period of
six months from the date the child entered foster care.
   (3) For the purpose of placing and maintaining a sibling group
together in a permanent home should reunification efforts fail, for a
child in a sibling group whose members were removed from parental
custody at the same time, and in which one member of the sibling
group was under the age of three years on the date of initial removal
from the physical custody of his or her parent or guardian,
court-ordered services to some or all of the sibling group may be
limited to a period of six months from the date the child entered
foster care.  For the purposes of this paragraph, "a sibling group"
shall mean two or more children who are related to each other as full
or half-siblings.
   Regardless of the age of the child, a child shall be deemed to
have entered foster care on the earlier of the date of the
jurisdictional hearing held pursuant to Section 356 or the date that
is 60 days after the date on which the child was initially removed
from the physical custody of his or her parent or guardian.
   Notwithstanding paragraphs (1) , (2), and (3), court-ordered
services may be extended up to a maximum time period not to exceed 18
months after the date the child was originally removed from physical
custody of his or her parent or guardian if it can be shown, at the
hearing held pursuant to subdivision (f) of Section 366.21, that the
permanent plan for the child is that he or she will be returned and
safely maintained in the home within the extended time period.  The
court shall extend the time period only if it finds that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period or that reasonable services have not been provided to
the parent or guardian.  If the court extends the time period, the
court shall specify the factual basis for its conclusion that there
is a substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period.  The court also shall make findings pursuant to
subdivision (a) of Section 366 and subdivision (e) of Section 358.1.

   When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
unless the parent's or guardian's participation is deemed by the
court to be inappropriate or potentially detrimental to the child.
Physical custody of the child by the parents or guardians during the
applicable time period under paragraph (1), (2), or (3) shall not
serve to interrupt the running of the period.  If at the end of the
applicable time period, a child cannot be safely returned to the care
and custody of a parent or guardian without court supervision, but
the child clearly desires contact with the parent or guardian, the
court shall take the child's desire into account in devising a
permanency plan.
   In cases where the child was under the age of three years on the
date of the initial removal from the physical custody of his or her
parent or guardian or is a member of a sibling group as described in
paragraph (3), the court shall inform the parent or guardian that the
failure of the parent or guardian to participate regularly in any
court-ordered treatment programs or to cooperate or avail himself or
herself of services provided as part of the child welfare services
case plan may result in a termination of efforts to reunify the
family after six months.  The court shall inform the parent or
guardian of the factors used in subdivision (e) of Section 366.21 to
determine whether to limit services to six months for some or all
members of a sibling group as described in paragraph (3).
   Except in cases where, pursuant to subdivision (b), the court does
not order reunification services, the court shall inform the parent
or parents of Section 366.26 and shall specify that the parent's or
parents' parental rights may be terminated.
   (b) Reunification services need not be provided to a parent or
guardian described in this subdivision when the court finds, by clear
and convincing evidence, any of the following:
   (1) That the whereabouts of the parent or guardian is unknown.  A
finding pursuant to this paragraph shall be supported by an affidavit
or by proof that a reasonably diligent search has failed to locate
the parent or guardian.  The posting or publication of notices is not
required in that search.
   (2) That the parent or guardian is suffering from a mental
disability that is described in Chapter 2 (commencing with Section
7820) of Part 4 of Division 12 of the Family Code and that renders
him or her incapable of utilizing those services.
   (3) That the child or a sibling of the child has been previously
adjudicated a dependent pursuant to any subdivision of Section 300 as
a result of physical or sexual abuse, that following that
adjudication the child had been removed from the custody of his or
her parent or guardian pursuant to Section 361, that the child has
been returned to the custody of the parent or guardian from whom the
child had been taken originally, and that the child is being removed
pursuant to Section 361, due to additional physical or sexual abuse.

   (4) That the parent or guardian of the child has caused the death
of another child through abuse or neglect.
   (5) That the child was brought within the jurisdiction of the
court under subdivision (e) of Section 300 because of the conduct of
that parent or guardian.
   (6) That the child has been adjudicated a dependent pursuant to
any subdivision of Section 300 as a result of severe sexual abuse or
the infliction of severe physical harm to the child, a sibling, or a
half-sibling by a parent or guardian, as defined in this subdivision,
and the court makes a factual finding that it would not benefit the
child to pursue reunification services with the offending parent or
guardian.
   A finding of severe sexual abuse, for the purposes of this
subdivision, may be based on, but is not limited to, sexual
intercourse, or stimulation involving genital-genital, oral-genital,
anal-genital, or oral-anal contact, whether between the parent or
guardian and the child or a sibling or half-sibling of the child, or
between the child or a sibling or half-sibling of the child and
another person or animal with the actual or implied consent of the
parent or guardian; or the penetration or manipulation of the child'
s, sibling's, or half-sibling's genital organs or rectum by any
animate or inanimate object for the sexual gratification of the
parent or guardian, or for the sexual gratification of another person
with the actual or implied consent of the parent or guardian.
   A finding of the infliction of severe physical harm, for the
purposes of this subdivision, may be based on, but is not limited to,
deliberate and serious injury inflicted to or on a child's body or
the body of a sibling or half-sibling of the child by an act or
omission of the parent or guardian, or of another individual or
animal with the consent of the parent or guardian; deliberate and
torturous confinement of the child, sibling, or half-sibling in a
closed space; or any other torturous act or omission that would be
reasonably understood to cause serious emotional damage.
   (7) That the parent is not receiving reunification services for a
sibling or a half-sibling of the child pursuant to paragraph (3),
(5), or (6).
   (8) That the child was conceived by means of the commission of an
offense listed in Section 288 or 288.5 of the Penal Code, or by an
act committed outside of this state that, if committed in this state,
would constitute one of those offenses.  This paragraph only applies
to the parent who committed the offense or act.
   (9) That the child has been found to be a child described in
subdivision (g) of Section 300, that the parent or guardian of the
child willfully abandoned the child, and the court finds that the
abandonment itself constituted a serious danger to the child.  For
the purposes of this paragraph, "serious danger" means that without
the intervention of another person or agency, the child would have
sustained severe or permanent disability, injury, illness, or death.
For purposes of this paragraph, "willful abandonment" shall not be
construed as actions taken in good faith by the parent without the
intent of placing the child in serious danger.
   (10) That (A) the court ordered termination of reunification
services for any siblings or half-siblings of the child because the
parent or guardian failed to reunify with the sibling or half-sibling
after the sibling or half-sibling had been removed from that parent
or guardian pursuant to Section 361 and that parent or guardian is
the same parent or guardian described in subdivision (a), or (B) the
parental rights of a parent or guardian
                over any sibling or half-sibling of the child had
been permanently severed, and that, according to the findings of the
court, this parent or guardian has not subsequently made a reasonable
effort to treat the problems that led to removal of the sibling or
half-sibling of that child from that parent or guardian.
   (11) That the parent or guardian of the child has been convicted
of a violent felony, as defined in subdivision (c) of Section 667.5
of the Penal Code.
   (12) That the parent or guardian of the child has a history of
extensive, abusive, and chronic use of drugs or alcohol and has
resisted prior treatment for this problem during a three-year period
immediately prior to the filing of the petition that brought that
child to the court's attention, or has failed or refused to comply
with a program of drug or alcohol treatment described in the case
plan required by Section 358.1 on at least two prior occasions, even
though the programs identified were available and accessible.
   (13) That the parent or guardian of the child has advised the
court that he or she is not interested in receiving family
maintenance or family reunification services or having the child
returned to or placed in his or her custody and does not wish to
receive family maintenance or reunification services.
   The parent or guardian shall be represented by counsel and shall
execute a waiver of services form to be adopted by the Judicial
Council.  The court shall advise the parent or guardian of any right
to services and of the possible consequences of a waiver of services,
including the termination of parental rights and placement of the
child for adoption.  The court shall not accept the waiver of
services unless it states on the record its finding that the parent
or guardian has knowingly and intelligently waived the right to
services.
   (14) That the parent or guardian has on one or more occasions
willfully abducted the child or child's sibling or half-sibling from
his or her placement and refused to disclose the child's or child's
sibling or half-sibling's whereabouts, refused to return physical
custody of the child or child's sibling or half-sibling to his or her
placement, or refused to return physical custody of the child or
child's sibling or half-sibling to the social worker.
   (c) In deciding whether to order reunification in any case in
which this section applies, the court shall hold a dispositional
hearing.  The social worker shall prepare a report that discusses
whether reunification services shall be provided.  When it is
alleged, pursuant to paragraph (2) of subdivision (b), that the
parent is incapable of utilizing services due to mental disability,
the court shall order reunification services unless competent
evidence from mental health professionals establishes that, even with
the provision of services, the parent is unlikely to be capable of
adequately caring for the child within the time limits specified in
subdivision (a).
   The court shall not order reunification for a parent or guardian
described in paragraph (3), (4), (6), (7), (8), (9), (10), (11),
(12), (13), or (14) of subdivision (b) unless the court finds, by
clear and convincing evidence, that reunification is in the best
interest of the child.
   In addition, the court shall not order reunification in any
situation described in paragraph (5) of subdivision (b) unless it
finds that, based on competent testimony, those services are likely
to prevent reabuse or continued neglect of the child or that failure
to try reunification will be detrimental to the child because the
child is closely and positively attached to that parent.  The social
worker shall investigate the circumstances leading to the removal of
the child and advise the court whether there are circumstances that
indicate that reunification is likely to be successful or
unsuccessful and whether failure to order reunification is likely to
be detrimental to the child.
   The failure of the parent to respond to previous services, the
fact that the child was abused while the parent was under the
influence of drugs or alcohol, a past history of violent behavior, or
testimony by a competent professional that the parent's behavior is
unlikely to be changed by services are among the factors indicating
that reunification services are unlikely to be successful.  The fact
that a parent or guardian is no longer living with an individual who
severely abused the child may be considered in deciding that
reunification services are likely to be successful, provided that the
court shall consider any pattern of behavior on the part of the
parent that has exposed the child to repeated abuse.
   (d) If reunification services are not ordered pursuant to
paragraph (1) of subdivision (b) and the whereabouts of a parent
become known within six months of the out-of-home placement of the
child, the court shall order the social worker to provide family
reunification services in accordance with this subdivision.
   (e) (1) If the parent or guardian is incarcerated or
institutionalized, the court shall order reasonable services unless
the court determines, by clear and convincing evidence, those
services would be detrimental to the child.  In determining
detriment, the court shall consider the age of the child, the degree
of parent-child bonding, the length of the sentence, the nature of
the treatment, the nature of the crime or illness, the degree of
detriment to the child if services are not offered and, for children
10 years of age or older, the child's attitude toward the
implementation of family reunification services, and any other
appropriate factors.  Reunification services are subject to the
applicable time limitations imposed in subdivision (a).  Services may
include, but shall not be limited to, all of the following:
   (A) Maintaining contact between the parent and child through
collect telephone calls.
   (B) Transportation services, where appropriate.
   (C) Visitation services, where appropriate.
   (D) Reasonable services to extended family members or foster
parents providing care for the child if the services are not
detrimental to the child.
   An incarcerated parent may be required to attend counseling,
parenting classes, or vocational training programs as part of the
service plan if these programs are available.
   (2) The presiding judge of the juvenile court of each county may
convene representatives of the county welfare department, the sheriff'
s department, and other appropriate entities for the purpose of
developing and entering into protocols for ensuring the notification,
transportation, and presence of an incarcerated or institutionalized
parent at all court hearings involving proceedings affecting the
child pursuant to Section 2625 of the Penal Code.
   (3) Notwithstanding any other provision of law, if the
incarcerated parent is a woman seeking to participate in the
community treatment program operated by the Department of Corrections
pursuant to Chapter 4.8 (commencing with Section 1174) of Title 7 of
Part 2 of, Chapter 4 (commencing with Section 3410) of Title 2 of
Part 3 of, the Penal Code, the court shall determine whether the
parent's participation in a program is in the child's best interest
and whether it is suitable to meet the needs of the parent and child.

   (f) If the court, pursuant to paragraph (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), (13), or (14) of subdivision (b) or
paragraph (1) of subdivision (e), does not order reunification
services, it shall, at the dispositional hearing, that shall include
a permanency hearing, determine if a hearing under Section 366.26
shall be set in order to determine whether adoption, guardianship, or
long-term foster care is the most appropriate plan for the child.
If the court so determines, it shall conduct the hearing pursuant to
Section 366.26 within 120 days after the dispositional hearing.
However, the court shall not schedule a hearing so long as the other
parent is being provided reunification services pursuant to
subdivision (a).  The court may continue to permit the parent to
visit the child unless it finds that visitation would be detrimental
to the child.
   (g) Whenever a court orders that a hearing shall be held pursuant
to Section 366.26, it shall direct the agency supervising the child
and the licensed county adoption agency, or the State Department of
Social Services when it is acting as an adoption agency in counties
that are not served by a county adoption agency, to prepare an
assessment that shall include:
   (1) Current search efforts for an absent parent or parents.
   (2) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement.  Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purpose of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
   (3) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship.  If a proposed guardian is a relative of the minor, and
the relative was assessed for foster care placement of the minor
prior to January 1, 1998, the assessment shall also consider, but
need not be limited to, all of the factors specified in subdivision
(a) of Section 361.3.  As used in this paragraph, "relative" means an
adult who is related to the minor by blood, adoption, or affinity
within the fifth degree of kinship, including stepparents,
stepsiblings, and all relatives whose status is preceded by the words
"great," "great-great," or "grand," or the spouse of any of those
persons even if the marriage was terminated by death or dissolution.

   (5) The relationship of the child to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (6) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (h) In determining whether reunification services will benefit the
child pursuant to paragraph (6) or (7) of subdivision (b), the court
shall consider any information it deems relevant, including the
following factors:
   (1) The specific act or omission comprising the severe sexual
abuse or the severe physical harm inflicted on the child or the child'
s sibling or half-sibling.
   (2) The circumstances under which the abuse or harm was inflicted
on the child or the child's sibling or half-sibling.
   (3) The severity of the emotional trauma suffered by the child or
the child's sibling or half-sibling.
   (4) Any history of abuse of other children by the offending parent
or guardian.
   (5) The likelihood that the child may be safely returned to the
care of the offending parent or guardian within 12 months with no
continuing supervision.
   (6) Whether or not the child desires to be reunified with the
offending parent or guardian.
   (i) The court shall read into the record the basis for a finding
of severe sexual abuse or the infliction of severe physical harm
under paragraph (6) of subdivision (b), and shall also specify the
factual findings used to determine that the provision of
reunification services to the offending parent or guardian would not
benefit the child.
  SEC. 1.3.  Section 361.5 of the Welfare and Institutions Code is
amended to read:
   361.5.  (a) Except as provided in subdivision (b) of this section
or when the parent has voluntarily relinquished the child and the
relinquishment has been filed with the State Department of Social
Services, or upon the establishment of an order of guardianship
pursuant to Section 360, whenever a child is removed from a parent's
or guardian's custody, the juvenile court shall order the social
worker to provide child welfare services to the child and the child's
mother and statutorily presumed father or guardians.  Upon a finding
and declaration of paternity by the juvenile court or proof of a
prior declaration of paternity by any court of competent
jurisdiction, the juvenile court may order services for the child and
the biological father, if the court determines that the services
will benefit the child.  Child welfare services, when provided, shall
be provided as follows:
   (1) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was three years of
age or older, court-ordered services shall not exceed a period of 12
months from the date the child entered foster care, except as
otherwise provided in paragraph (3).
   (2) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was under the age
of three years, court-ordered services shall not exceed a period of
six months from the date the child entered foster care.
   (3) For the purpose of placing and maintaining a sibling group
together in a permanent home should reunification efforts fail, for a
child in a sibling group whose members were removed from parental
custody at the same time, and in which one member of the sibling
group was under the age of three years on the date of initial removal
from the physical custody of his or her parent or guardian,
court-ordered services to some or all of the sibling group may be
limited to a period of six months from the date the child entered
foster care.  For the purposes of this paragraph, "a sibling group"
shall mean two or more children who are related to each other as full
or half-siblings.
   Regardless of the age of the child, a child shall be deemed to
have entered foster care on the earlier of the date of the
jurisdictional hearing held pursuant to Section 356 or the date that
is 60 days after the date on which the child was initially removed
from the physical custody of his or her parent or guardian.
   Notwithstanding paragraphs (1) , (2), and (3), court-ordered
services may be extended up to a maximum time period not to exceed 18
months after the date the child was originally removed from physical
custody of his or her parent or guardian if it can be shown, at the
hearing held pursuant to subdivision (f) of Section 366.21, that the
permanent plan for the child is that he or she will be returned and
safely maintained in the home within the extended time period.  The
court shall extend the time period only if it finds that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period or that reasonable services have not been provided to
the parent or guardian.  If the court extends the time period, the
court shall specify the factual basis for its conclusion that there
is a substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period.  The court also shall make findings pursuant to
subdivision (a) of Section 366 and subdivision (e) of Section 358.1.

   When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
unless the parent's or guardian's participation is deemed by the
court to be inappropriate or potentially detrimental to the child.
Physical custody of the child by the parents or guardians during the
applicable time period under paragraph (1), (2), or (3) shall not
serve to interrupt the running of the period.  If at the end of the
applicable time period, a child cannot be safely returned to the care
and custody of a parent or guardian without court supervision, but
the child clearly desires contact with the parent or guardian, the
court shall take the child's desire into account in devising a
permanency plan.
   In cases where the child was under the age of three years on the
date of the initial removal from the physical custody of his or her
parent or guardian or is a member of a sibling group as described in
paragraph (3), the court shall inform the parent or guardian that the
failure of the parent or guardian to participate regularly in any
court-ordered treatment programs or to cooperate or avail himself or
herself of services provided as part of the child welfare services
case plan may result in a termination of efforts to reunify the
family after six months.  The court shall inform the parent or
guardian of the factors used in subdivision (e) of Section 366.21 to
determine whether to limit services to six months for some or all
members of a sibling group as described in paragraph (3).
   Except in cases where, pursuant to subdivision (b), the court does
not order reunification services, the court shall inform the parent
or parents of Section 366.26 and shall specify that the parent's or
parents' parental rights may be terminated.
   (b) Reunification services need not be provided to a parent or
guardian described in this subdivision when the court finds, by clear
and convincing evidence, any of the following:
   (1) That the whereabouts of the parent or guardian is unknown.  A
finding pursuant to this paragraph shall be supported by an affidavit
or by proof that a reasonably diligent search has failed to locate
the parent or guardian.  The posting or publication of notices is not
required in that search.
   (2) That the parent or guardian is suffering from a mental
disability that is described in Chapter 2 (commencing with Section
7820) of Part 4 of Division 12 of the Family Code and that renders
him or her incapable of utilizing those services.
   (3) That the child or a sibling of the child has been previously
adjudicated a dependent pursuant to any subdivision of Section 300 as
a result of physical or sexual abuse, that following that
adjudication the child had been removed from the custody of his or
her parent or guardian pursuant to Section 361, that the child has
been returned to the custody of the parent or guardian from whom the
child had been taken originally, and that the child is being removed
pursuant to Section 361, due to additional physical or sexual abuse.

   (4) That the parent or guardian of the child has caused the death
of another child through abuse or neglect.
   (5) That the child was brought within the jurisdiction of the
court under subdivision (e) of Section 300 because of the conduct of
that parent or guardian.
   (6) That the child has been adjudicated a dependent pursuant to
any subdivision of Section 300 as a result of severe sexual abuse or
the infliction of severe physical harm to the child, a sibling, or a
half-sibling by a parent or guardian, as defined in this subdivision,
and the court makes a factual finding that it would not benefit the
child to pursue reunification services with the offending parent or
guardian.
   A finding of severe sexual abuse, for the purposes of this
subdivision, may be based on, but is not limited to, sexual
intercourse, or stimulation involving genital-genital, oral-genital,
anal-genital, or oral-anal contact, whether between the parent or
guardian and the child or a sibling or half-sibling of the child, or
between the child or a sibling or half-sibling of the child and
another person or animal with the actual or implied consent of the
parent or guardian; or the penetration or manipulation of the child'
s, sibling's, or half-sibling's genital organs or rectum by any
animate or inanimate object for the sexual gratification of the
parent or guardian, or for the sexual gratification of another person
with the actual or implied consent of the parent or guardian.
   A finding of the infliction of severe physical harm, for the
purposes of this subdivision, may be based on, but is not limited to,
deliberate and serious injury inflicted to or on a child's body or
the body of a sibling or half-sibling of the child by an act or
omission of the parent or guardian, or of another individual or
animal with the consent of the parent or guardian; deliberate and
torturous confinement of the child, sibling, or half-sibling in a
closed space; or any other torturous act or omission that would be
reasonably understood to cause serious emotional damage.
   (7) That the parent is not receiving reunification services for a
sibling or a half-sibling of the child pursuant to paragraph (3),
(5), or (6).
   (8) That the child was conceived by means of the commission of an
offense listed in Section 288 or 288.5 of the Penal Code, or by an
act committed outside of this state that, if committed in this state,
would constitute one of those offenses.  This paragraph only applies
to the parent who committed the offense or act.
   (9) That the child has been found to be a child described in
subdivision (g) of Section 300, that the parent or guardian of the
child willfully abandoned the child, and the court finds that the
abandonment itself constituted a serious danger to the child.  For
the purposes of this paragraph, "serious danger" means that without
the intervention of another person or agency, the child would have
sustained severe or permanent disability, injury, illness, or death.
For purposes of this paragraph, "willful abandonment" shall not be
construed as actions taken in good faith by the parent without the
intent of placing the child in serious danger.
   (10) That (A) the court ordered termination of reunification
services for any siblings or half-siblings of the child because the
parent or guardian failed to reunify with the sibling or half-sibling
after the sibling or half-sibling had been removed from that parent
or guardian pursuant to Section 361 and that parent or guardian is
the same parent or guardian described in subdivision (a), or (B) the
parental rights of a parent or guardian over any sibling or
half-sibling of the child had been permanently severed, and that,
according to the findings of the court, this parent or guardian has
not subsequently made a reasonable effort to treat the problems that
led to removal of the sibling or half-sibling of that child from that
parent or guardian.
   (11) That the parent or guardian of the child has been convicted
of a violent felony, as defined in subdivision (c) of Section 667.5
of the Penal Code.
   (12) That the parent or guardian of the child has a history of
extensive, abusive, and chronic use of drugs or alcohol and has
resisted prior treatment for this problem during a three-year period
immediately prior to the filing of the petition that brought that
child to the court's attention, or has failed or refused to comply
with a program of drug or alcohol treatment described in the case
plan required by Section 358.1 on at least two prior occasions, even
though the programs identified were available and accessible.
   (13) That the parent or guardian of the child has advised the
court that he or she is not interested in receiving family
maintenance or family reunification services or having the child
returned to or placed in his or her custody and does not wish to
receive family maintenance or reunification services.
   The parent or guardian shall be represented by counsel and shall
execute a waiver of services form to be adopted by the Judicial
Council.  The court shall advise the parent or guardian of any right
to services and of the possible consequences of a waiver of services,
including the termination of parental rights and placement of the
child for adoption.  The court shall not accept the waiver of
services unless it states on the record its finding that the parent
or guardian has knowingly and intelligently waived the right to
services.
   (14) That the parent or guardian has on one or more occasions
willfully abducted the child or child's sibling or half-sibling from
his or her placement and refused to disclose the child's or child's
sibling or half-sibling's whereabouts, refused to return physical
custody of the child or child's sibling or half-sibling to his or her
placement, or refused to return physical custody of the child or
child's sibling or half-sibling to the social worker.
   (c) In deciding whether to order reunification in any case in
which this section applies, the court shall hold a dispositional
hearing.  The social worker shall prepare a report that discusses
whether reunification services shall be provided.  When it is
alleged, pursuant to paragraph (2) of subdivision (b), that the
parent is incapable of utilizing services due to mental disability,
the court shall order reunification services unless competent
evidence from mental health professionals establishes that, even with
the provision of services, the parent is unlikely to be capable of
adequately caring for the child within the time limits specified in
subdivision (a).
   The court shall not order reunification for a parent or guardian
described in paragraph (3), (4), (6), (7), (8), (9), (10), (11),
(12), (13), or (14) of subdivision (b) unless the court finds, by
clear and convincing evidence, that reunification is in the best
interest of the child.
   In addition, the court shall not order reunification in any
situation described in paragraph (5) of subdivision (b) unless it
finds that, based on competent testimony, those services are likely
to prevent reabuse or continued neglect of the child or that failure
to try reunification will be detrimental to the child because the
child is closely and positively attached to that parent.  The social
worker shall investigate the circumstances leading to the removal of
the child and advise the court whether there are circumstances that
indicate that reunification is likely to be successful or
unsuccessful and whether failure to order reunification is likely to
be detrimental to the child.
   The failure of the parent to respond to previous services, the
fact that the child was abused while the parent was under the
influence of drugs or alcohol, a past history of violent behavior, or
testimony by a competent professional that the parent's behavior is
unlikely to be changed by services are among the factors indicating
that reunification services are unlikely to be successful.  The fact
that a parent or guardian is no longer living with an individual
                                            who severely abused the
child may be considered in deciding that reunification services are
likely to be successful, provided that the court shall consider any
pattern of behavior on the part of the parent that has exposed the
child to repeated abuse.
   (d) If reunification services are not ordered pursuant to
paragraph (1) of subdivision (b) and the whereabouts of a parent
become known within six months of the out-of-home placement of the
child, the court shall order the social worker to provide family
reunification services in accordance with this subdivision.
   (e) (1) If the parent or guardian is incarcerated or
institutionalized, the court shall order reasonable services unless
the court determines, by clear and convincing evidence, those
services would be detrimental to the child.  In determining
detriment, the court shall consider the age of the child, the degree
of parent-child bonding, the length of the sentence, the nature of
the treatment, the nature of the crime or illness, the degree of
detriment to the child if services are not offered and, for children
10 years of age or older, the child's attitude toward the
implementation of family reunification services, and any other
appropriate factors.  Reunification services are subject to the
applicable time limitations imposed in subdivision (a).  Services may
include, but shall not be limited to, all of the following:
   (A) Maintaining contact between the parent and child through
collect telephone calls.
   (B) Transportation services, where appropriate.
   (C) Visitation services, where appropriate.
   (D) Reasonable services to extended family members or foster
parents providing care for the child if the services are not
detrimental to the child.
   An incarcerated parent may be required to attend counseling,
parenting classes, or vocational training programs as part of the
service plan if these programs are available.
   (2) The presiding judge of the juvenile court of each county may
convene representatives of the county welfare department, the sheriff'
s department, and other appropriate entities for the purpose of
developing and entering into protocols for ensuring the notification,
transportation, and presence of an incarcerated or institutionalized
parent at all court hearings involving proceedings affecting the
child pursuant to Section 2625 of the Penal Code.
   (3) Notwithstanding any other provision of law, if the
incarcerated parent is a woman seeking to participate in the
community treatment program operated by the Department of Corrections
pursuant to Chapter 4.8 (commencing with Section 1174) of Title 7 of
Part 2 of, Chapter 4 (commencing with Section 3410) of Title 2 of
Part 3 of, the Penal Code, the court shall determine whether the
parent's participation in a program is in the child's best interest
and whether it is suitable to meet the needs of the parent and child.

   (f) If the court, pursuant to paragraph (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), (13), or (14) of subdivision (b) or
paragraph (1) of subdivision (e), does not order reunification
services, it shall, at the dispositional hearing, that shall include
a permanency hearing, determine if a hearing under Section 366.26
shall be set in order to determine whether adoption, guardianship, or
long-term foster care is the most appropriate plan for the child.
If the court so determines, it shall conduct the hearing pursuant to
Section 366.26 within 120 days after the dispositional hearing.
However, the court shall not schedule a hearing so long as the other
parent is being provided reunification services pursuant to
subdivision (a).  The court may continue to permit the parent to
visit the child unless it finds that visitation would be detrimental
to the child.
   (g) Whenever a court orders that a hearing shall be held pursuant
to Section 366.26, it shall direct the agency supervising the child
and the licensed county adoption agency, or the State Department of
Social Services when it is acting as an adoption agency in counties
that are not served by a county adoption agency, to prepare an
assessment that shall include:
   (1) Current search efforts for an absent parent or parents.
   (2) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement.  Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purpose of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
   (3) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.  The evaluation of the
minor's scholastic status shall include whether the child has been
identified as having exceptional needs as described in Part 30
(commencing with Section 56000) of Division 4 of Title 2 of the
Education Code or disabilities justifying accommodations as described
in Chapter 16 of Title 29 of the United States Code Annotated; and
any information concerning whether the right of the parent or
guardian to make educational decisions for the child has previously
been limited by the court under Section 7579.5 of the Government
Code; and whether the parent or guardian has previously designated an
educational representative.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship.  If a proposed guardian is a relative of the minor, and
the relative was assessed for foster care placement of the minor
prior to January 1, 1998, the assessment shall also consider, but
need not be limited to, all of the factors specified in subdivision
(a) of Section 361.3.  As used in this paragraph, "relative" means an
adult who is related to the minor by blood, adoption, or affinity
within the fifth degree of kinship, including stepparents,
stepsiblings, and all relatives whose status is preceded by the words
"great," "great-great," or "grand," or the spouse of any of those
persons even if the marriage was terminated by death or dissolution.

   (5) The relationship of the child to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (6) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (h) In determining whether reunification services will benefit the
child pursuant to paragraph (6) or (7) of subdivision (b), the court
shall consider any information it deems relevant, including the
following factors:
   (1) The specific act or omission comprising the severe sexual
abuse or the severe physical harm inflicted on the child or the child'
s sibling or half-sibling.
   (2) The circumstances under which the abuse or harm was inflicted
on the child or the child's sibling or half-sibling.
   (3) The severity of the emotional trauma suffered by the child or
the child's sibling or half-sibling.
   (4) Any history of abuse of other children by the offending parent
or guardian.
   (5) The likelihood that the child may be safely returned to the
care of the offending parent or guardian within 12 months with no
continuing supervision.
   (6) Whether or not the child desires to be reunified with the
offending parent or guardian.
   (i) The court shall read into the record the basis for a finding
of severe sexual abuse or the infliction of severe physical harm
under paragraph (6) of subdivision (b), and shall also specify the
factual findings used to determine that the provision of
reunification services to the offending parent or guardian would not
benefit the child.
  SEC. 2.  Section 366.21 of the Welfare and Institutions Code is
amended to read:
   366.21.  (a) Every hearing conducted by the juvenile court
reviewing the status of a dependent child shall be placed on the
appearance calendar.  The court shall advise all persons present at
the hearing of the date of the future hearing and of their right to
be present and represented by counsel.
   (b) Except as provided in Section 366.23 and subdivision (a) of
Section 366.3, notice of the hearing shall be mailed by the social
worker to the same persons as in the original proceeding, to the
child's parent or guardian, to the foster parents, relative care
givers, community care facility, or foster family agency having
physical custody of the child in the case of a child removed from the
physical custody of his or her parent or guardian, and to the
counsel of record if the counsel of record was not present at the
time that the hearing was set by the court, by first-class mail
addressed to the last known address of the person to be notified, or
shall be personally served on those persons, not earlier than 30 days
nor later than 15 days preceding the date to which the hearing was
continued.  Service of a copy of the notice personally or by
certified mail return receipt requested, or any other form of actual
notice is equivalent to service by first-class mail.
   The notice shall contain a statement regarding the nature of the
hearing to be held and any change in the custody or status of the
child being recommended by the supervising agency.  The notice to the
foster parent, relative care giver, or a certified foster parent who
has been approved for adoption by the State Department of Social
Services when it is acting as an adoption agency or by a licensed
adoption agency shall indicate that the foster parent, relative care
giver, or a certified foster parent who has been approved for
adoption by the State Department of Social Services when it is acting
as an adoption agency or by a licensed adoption agency may attend
all hearings or may submit any information he or she deems relevant
to the court in writing.
   (c) At least 10 calendar days prior to the hearing the social
worker shall file a supplemental report with the court regarding the
services provided or offered to the parent or guardian to enable him
or her to assume custody and the efforts made to achieve legal
permanence for the child if efforts to reunify fail, the progress
made, and, where relevant, the prognosis for return of the child to
the physical custody of his or her parent or guardian, and make his
or her recommendation for disposition.  If the recommendation is not
to return the child to a parent or guardian, the report shall specify
why the return of the child would be detrimental to the child.  The
social worker shall provide the parent or guardian with a copy of the
report, including his or her recommendation for disposition, at
least 10 calendar days prior to the hearing.  In the case of a child
removed from the physical custody of his or her parent or guardian,
the social worker shall provide a summary of his or her
recommendation for disposition to the counsel for the child, any
court-appointed child advocate, foster parents, relative care givers,
certified foster parents who have been approved for adoption by the
State Department of Social Services when it is acting as an adoption
agency or by a licensed adoption agency, community care facility, or
foster family agency having the physical custody of the child at
least 10 calendar days before the hearing.
   (d) Prior to any hearing involving a child in the physical custody
of a community care facility or foster family agency that may result
in the return of the child to the physical custody of his or her
parent or guardian, or in adoption or the creation of a legal
guardianship, the facility or agency shall file with the court a
report containing its recommendation for disposition.  Prior to the
hearing involving a child in the physical custody of a foster parent,
a relative care giver, or a certified foster parent who has been
approved for adoption by the State Department of Social Services when
it is acting as an adoption agency or by a licensed adoption agency,
the foster parent, relative care giver, or the certified foster
parent who has been approved for adoption by the State Department of
Social Services when it is acting as an adoption agency or by a
licensed adoption agency, may file with the court a report containing
his or her recommendation for disposition.  The court shall consider
the report and recommendation filed pursuant to this subdivision
prior to determining any disposition.
   (e) At the review hearing held six months after the initial
dispositional hearing the court shall order the return of the child
to the physical custody of his or her parent or guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or guardian would create a substantial
risk of detriment to the safety, protection, or physical or
emotional well-being of the child.  The social worker shall have the
burden of establishing that detriment.  The failure of the parent or
guardian to participate regularly and make substantive progress in
court-ordered treatment programs shall be prima facie evidence that
return would be detrimental.  In making its determination, the court
shall review and consider the social worker's report and
recommendations and the report and recommendations of any child
advocate appointed pursuant to Section 356.5; and shall consider the
efforts or progress, or both, demonstrated by the parent or guardian
and the extent to which he or she availed himself or herself of
services provided.
   Evidence of any or all of the following circumstances shall not,
in and of themselves, be deemed a failure to provide or offer
reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (2) The case plan includes services to achieve legal permanence
for the child if efforts to reunify fail.
   (3) Services to achieve legal permanence for the child, if efforts
to reunify fail, are provided concurrently with services to reunify
the family.
   Whether or not the child is returned to a parent or guardian, the
court shall specify the factual basis for its conclusion that the
return would be detrimental or would not be detrimental.  The court
also shall make appropriate findings pursuant to subdivision (a) of
Section 366; and where relevant, shall order any additional services
reasonably believed to facilitate the return of the child to the
custody of his or her parent or guardian.  The court shall also
inform the parent or guardian that if the child cannot be returned
home by the 12-month permanency hearing, a proceeding pursuant to
Section 366.26 may be instituted.  This section does not apply in a
case where, pursuant to Section 361.5, the court has ordered that
reunification services shall not be provided.
   If the child was under the age of three years on the date of the
initial removal and the court finds by clear and convincing evidence
that the parent failed to participate regularly and make substantive
progress in a court-ordered treatment plan, the court may schedule a
hearing pursuant to Section 366.26 within 120 days.  If, however, the
court finds there is a substantial probability that the child, who
was under the age of three years on the date of initial removal, may
be returned to his or her parent or guardian within six months or
that reasonable services have not been provided, the court shall
continue the case to the 12-month permanency hearing.
   If the child was removed initially under subdivision (g) of
Section 300 and the court finds by clear and convincing evidence that
the whereabouts of the parent are still unknown, or the parent has
failed to contact and visit the child, the court may schedule a
hearing pursuant to Section 366.26 within 120 days.  If the court
finds by clear and convincing evidence that the parent has been
convicted of a felony indicating parental unfitness, the court may
schedule a hearing pursuant to Section 366.26 within 120 days.
   If the child had been placed under court supervision with a
previously noncustodial parent pursuant to Section 361.2, the court
shall determine whether supervision is still necessary.  The court
may terminate supervision and transfer permanent custody to that
parent, as provided for by paragraph (1) of subdivision (a) of
Section 361.2.
   In all other cases, the court shall direct that any reunification
services previously ordered shall continue to be offered to the
parent or guardian pursuant to the time periods set forth in
subdivision (a) of Section 361.5, provided that the court may modify
the terms and conditions of those services.
   If the child is not returned to his or her parent or guardian, the
court shall determine whether reasonable services have been provided
or offered to the parent or guardian which were designed to aid the
parent or guardian in overcoming the problems which led to the
initial removal and the continued custody of the child.  The court
shall order that those services be initiated, continued, or
terminated.
   (f) The permanency hearing shall be held no later than 12 months
after the date the child entered foster care, as that date is
determined pursuant to subdivision (a) of Section 361.5.  At the
permanency hearing, the court shall determine the permanent plan for
the child, that shall include a determination of whether the child
will be returned to the child's home and, if so, when, within the
time limits of subdivision (a) of Section 361.5.  The court shall
order the return of the child to the physical custody of his or her
parent or guardian unless the court finds, by a preponderance of the
evidence, that the return of the child to his or her parent or
guardian would create a substantial risk of detriment to the safety,
protection, or physical or emotional well-being of the child.  The
social worker shall have the burden of establishing that detriment.
The court shall also determine whether reasonable services have been
provided or offered to the parent or guardian that were designed to
aid the parent or guardian to overcome the problems that led to the
initial removal and continued custody of the child.  The failure of
the parent or guardian to participate regularly and make substantive
progress in court-ordered treatment programs shall be prima facie
evidence that return would be detrimental.  In making its
determination, the court shall review and consider the social worker'
s report and recommendations and the report and recommendations of
any child advocate appointed pursuant to Section 356.5; shall
consider the efforts or progress, or both, demonstrated by the parent
or guardian and the extent to which he or she availed himself or
herself of services provided; and shall make appropriate findings
pursuant to subdivision (a) of Section 366.
   Evidence of any or all of the following circumstances shall not,
in and of themselves, be deemed a failure to provide or offer
reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (2) The case plan includes services to achieve legal permanence
for the child if efforts to reunify fail.
   (3) Services to achieve legal permanence for the child, if efforts
to reunify fail, are provided concurrently with services to reunify
the family.
   Whether or not the child is returned to his or her parent or
guardian, the court shall specify the factual basis for its decision.
  If the child is not returned to a parent or guardian, the court
shall specify the factual basis for its conclusion that the return
would be detrimental.  The court also shall make a finding pursuant
to subdivision (a) of Section 366.
   (g) If the time period in which the court-ordered services were
provided has met or exceeded the time period set forth in paragraph
(1) or (2) of subdivision (a) of Section 361.5, as appropriate, and a
child is not returned to the custody of a parent or guardian at the
permanency hearing held pursuant to subdivision (f), the court shall
do one of the following:
   (1) Continue the case for up to six months for a permanency review
hearing, provided that the hearing shall occur within 18 months of
the date the child was originally taken from the physical custody of
his or her parent or guardian.  The court shall continue the case
only if it finds that there is a substantial probability that the
child will be returned to the physical custody of his or her parent
or guardian and safely maintained in the home within the extended
period of time or that reasonable services have not been provided to
the parent or guardian.  For the purposes of this section, in order
to find a substantial probability that the child will be returned to
the physical custody of his or her parent or guardian and safely
maintained in the home within the extended period of time, the court
shall be required to find all of the following:
   (A) That the parent or guardian has consistently and regularly
contacted and visited with the child.
   (B) That the parent or guardian has made significant progress in
resolving problems that led to the child's removal from the home.
   (C) The parent or guardian has demonstrated the capacity and
ability both to complete the objectives of his or her treatment plan
and to provide for the child's safety, protection, physical and
emotional well-being, and special needs.
   The court shall inform the parent or guardian that if the child
cannot be returned home by the next permanency review hearing, a
proceeding pursuant to Section 366.36 may be instituted.  The court
shall not order that a hearing pursuant to Section 366.26 be held
unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or guardian.
   (2) Order that the child remain in long-term foster care, but only
if the court finds by clear and convincing evidence, based upon the
evidence already presented to it, including a recommendation by the
State Department of Social Services when it is acting as an adoption
agency or by a licensed adoption agency, that there is a compelling
reason for determining that a hearing held pursuant to Section 366.26
is not in the best interest of the child because the child is not a
proper subject for adoption and has no one willing to accept legal
guardianship.  For purposes of this section, a recommendation by the
State Department of Social Services when it is acting as an adoption
agency or by a licensed adoption agency that adoption is not in the
best interest of the child shall constitute a compelling reason for
the court's determination.  That recommendation shall be based on the
present circumstances of the child and shall not preclude a
different recommendation at a later date if the child's circumstances
change.
   (3) Order that a hearing be held within 120 days, pursuant to
Section 366.26, if there is clear and convincing evidence that
reasonable services have been provided or offered to the parents.
   Evidence of any or all of the following circumstances shall not,
in and of themselves, be deemed a failure to provide or offer
reasonable services:
   (A) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (B) The case plan includes services to achieve legal permanence
for the child if efforts to reunify fail.
   (C) Services to achieve legal permanence for the child, if efforts
to reunify fail, are provided concurrently with services to reunify
the family.
   (h) In any case in which the court orders that a hearing pursuant
to Section 366.26 shall be held, it shall also order the termination
of reunification services to the parent.  The court shall continue to
permit the parent to visit the child pending the hearing unless it
finds that visitation would be detrimental to the child.
   (i) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
   (1) Current search efforts for an absent parent or parents.
   (2) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement.  Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purpose of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
   (3) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship.  If a proposed guardian is a relative of the minor, and
the relative was assessed for foster care placement of the minor
prior to January 1, 1998, the assessment shall also consider, but
need not be limited to, all of the factors specified in subdivision
(a) of Section 361.3.
   (5) The relationship of the child to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (6) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (j) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with a relative, the
relative shall be eligible for aid under the Kin-GAP program as
                                      provided in Article 4.5
(commencing with Section 11360) of Chapter 2 of Part 3 of Division 9.

   (k) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
  SEC. 2.1.  Section 366.21 of the Welfare and Institutions Code is
amended to read:
   366.21.  (a) Every hearing conducted by the juvenile court
reviewing the status of a dependent child shall be placed on the
appearance calendar.  The court shall advise all persons present at
the hearing of the date of the future hearing and of their right to
be present and represented by counsel.
   (b) Except as provided in Section 366.23 and subdivision (a) of
Section 366.3, notice of the hearing shall be mailed by the social
worker to the same persons as in the original proceeding, to the
child's parent or guardian, to the foster parents, relative care
givers, community care facility, or foster family agency having
physical custody of the child in the case of a child removed from the
physical custody of his or her parent or guardian, and to the
counsel of record if the counsel of record was not present at the
time that the hearing was set by the court, by first-class mail
addressed to the last known address of the person to be notified, or
shall be personally served on those persons, not earlier than 30 days
nor later than 15 days preceding the date to which the hearing was
continued.  Service of a copy of the notice personally or by
certified mail return receipt requested, or any other form of actual
notice is equivalent to service by first-class mail.
   The notice shall contain a statement regarding the nature of the
hearing to be held and any change in the custody or status of the
child being recommended by the supervising agency.  The notice to the
foster parent, relative care giver, or a certified foster parent who
has been approved for adoption by the State Department of Social
Services when it is acting as an adoption agency or by a licensed
adoption agency shall indicate that the foster parent, relative care
giver, or a certified foster parent who has been approved for
adoption by the State Department of Social Services when it is acting
as an adoption agency or by a licensed adoption agency may attend
all hearings or may submit any information he or she deems relevant
to the court in writing.
   (c) At least 10 calendar days prior to the hearing the social
worker shall file a supplemental report with the court regarding the
services provided or offered to the parent or guardian to enable him
or her to assume custody and the efforts made to achieve legal
permanence for the child if efforts to reunify fail, the progress
made, and, where relevant, the prognosis for return of the child to
the physical custody of his or her parent or guardian, and make his
or her recommendation for disposition.  If the recommendation is not
to return the child to a parent or guardian, the report shall specify
why the return of the child would be detrimental to the child.  The
social worker shall provide the parent or guardian with a copy of the
report, including his or her recommendation for disposition, at
least 10 calendar days prior to the hearing.  In the case of a child
removed from the physical custody of his or her parent or guardian,
the social worker shall provide a summary of his or her
recommendation for disposition to the counsel for the child, any
court-appointed child advocate, foster parents, relative care givers,
certified foster parents who have been approved for adoption by the
State Department of Social Services when it is acting as an adoption
agency or by a licensed adoption agency, community care facility, or
foster family agency having the physical custody of the child at
least 10 calendar days before the hearing.
   (d) Prior to any hearing involving a child in the physical custody
of a community care facility or foster family agency that may result
in the return of the child to the physical custody of his or her
parent or guardian, or in adoption or the creation of a legal
guardianship, the facility or agency shall file with the court a
report containing its recommendation for disposition.  Prior to the
hearing involving a child in the physical custody of a foster parent,
a relative care giver, or a certified foster parent who has been
approved for adoption by the State Department of Social Services when
it is acting as an adoption agency or by a licensed adoption agency,
the foster parent, relative care giver, or the certified foster
parent who has been approved for adoption by the State Department of
Social Services when it is acting as an adoption agency or by a
licensed adoption agency, may file with the court a report containing
his or her recommendation for disposition.  The court shall consider
the report and recommendation filed pursuant to this subdivision
prior to determining any disposition.
   (e) At the review hearing held six months after the initial
dispositional hearing, the court shall order the return of the child
to the physical custody of his or her parent or guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or guardian would create a substantial
risk of detriment to the safety, protection, or physical or
emotional well-being of the child.  The social worker shall have the
burden of establishing that detriment.  The failure of the parent or
guardian to participate regularly and make substantive progress in
court-ordered treatment programs shall be prima facie evidence that
return would be detrimental.  In making its determination, the court
shall review and consider the social worker's report and
recommendations and the report and recommendations of any child
advocate appointed pursuant to Section 356.5; and shall consider the
efforts or progress, or both, demonstrated by the parent or guardian
and the extent to which he or she availed himself or herself of
services provided.
   Evidence of any or all of the following circumstances shall not,
in and of themselves, be deemed a failure to provide or offer
reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (2) The case plan includes services to achieve legal permanence
for the child if efforts to reunify fail.
   (3) Services to achieve legal permanence for the child, if efforts
to reunify fail, are provided concurrently with services to reunify
the family.
   Whether or not the child is returned to a parent or guardian, the
court shall specify the factual basis for its conclusion that the
return would be detrimental or would not be detrimental.  The court
also shall make appropriate findings pursuant to subdivision (a) of
Section 366; and where relevant, shall order any additional services
reasonably believed to facilitate the return of the child to the
custody of his or her parent or guardian.  The court shall also
inform the parent or guardian that if the child cannot be returned
home by the 12-month permanency hearing, a proceeding pursuant to
Section 366.26 may be instituted.  This section does not apply in a
case where, pursuant to Section 361.5, the court has ordered that
reunification services shall not be provided.
   If the child was under the age of three years on the date of the
initial removal and the court finds by clear and convincing evidence
that the parent failed to participate regularly and make substantive
progress in a court-ordered treatment plan, the court may schedule a
hearing pursuant to Section 366.26 within 120 days.  If, however, the
court finds there is a substantial probability that the child, who
was under the age of three years on the date of initial removal, may
be returned to his or her parent or guardian within six months or
that reasonable services have not been provided, the court shall
continue the case to the 12-month permanency hearing.
   If the child was removed initially under subdivision (g) of
Section 300 and the court finds by clear and convincing evidence that
the whereabouts of the parent are still unknown, or the parent has
failed to contact and visit the child, the court may schedule a
hearing pursuant to Section 366.26 within 120 days.  If the court
finds by clear and convincing evidence that the parent has been
convicted of a felony indicating parental unfitness, the court may
schedule a hearing pursuant to Section 366.26 within 120 days.
   If the child had been placed under court supervision with a
previously noncustodial parent pursuant to Section 361.2, the court
shall determine whether supervision is still necessary.  The court
may terminate supervision and transfer permanent custody to that
parent, as provided for by paragraph (1) of subdivision (a) of
Section 361.2.
   In all other cases, the court shall direct that any reunification
services previously ordered shall continue to be offered to the
parent or guardian pursuant to the time periods set forth in
subdivision (a) of Section 361.5, provided that the court may modify
the terms and conditions of those services.
   If the child is not returned to his or her parent or guardian, the
court shall determine whether reasonable services have been provided
or offered to the parent or guardian which were designed to aid the
parent or guardian in overcoming the problems which led to the
initial removal and the continued custody of the child.  The court
shall order that those services be initiated, continued, or
terminated.
   (f) The permanency hearing shall be held no later than 12 months
after the date the child entered foster care, as that date is
determined pursuant to subdivision (a) of Section 361.5.  At the
permanency hearing, the court shall determine the permanent plan for
the child, that shall include a determination of whether the child
will be returned to the child's home and, if so, when, within the
time limits of subdivision (a) of Section 361.5.  The court shall
order the return of the child to the physical custody of his or her
parent or guardian unless the court finds, by a preponderance of the
evidence, that the return of the child to his or her parent or
guardian would create a substantial risk of detriment to the safety,
protection, or physical or emotional well-being of the child.  The
social worker shall have the burden of establishing that detriment.
The court shall also determine whether reasonable services have been
provided or offered to the parent or guardian that were designed to
aid the parent or guardian to overcome the problems that led to the
initial removal and continued custody of the child.  The failure of
the parent or guardian to participate regularly and make substantive
progress in court-ordered treatment programs shall be prima facie
evidence that return would be detrimental.  In making its
determination, the court shall review and consider the social worker'
s report and recommendations and the report and recommendations of
any child advocate appointed pursuant to Section 356.5; shall
consider the efforts or progress, or both, demonstrated by the parent
or guardian and the extent to which he or she availed himself or
herself of services provided; and shall make appropriate findings
pursuant to subdivision (a) of Section 366.
   Evidence of any or all of the following circumstances shall not,
in and of themselves, be deemed a failure to provide or offer
reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (2) The case plan includes services to achieve legal permanence
for the child if efforts to reunify fail.
   (3) Services to achieve legal permanence for the child, if efforts
to reunify fail, are provided concurrently with services to reunify
the family.
   Whether or not the child is returned to his or her parent or
guardian, the court shall specify the factual basis for its decision.
  If the child is not returned to a parent or guardian, the court
shall specify the factual basis for its conclusion that the return
would be detrimental.  The court also shall make a finding pursuant
to subdivision (a) of Section 366.
   (g) If the time period in which the court-ordered services were
provided has met or exceeded the time period set forth in paragraph
(1) or (2) of subdivision (a) of Section 361.5, as appropriate, and a
child is not returned to the custody of a parent or guardian at the
permanency hearing held pursuant to subdivision (f), the court shall
do one of the following:
   (1) Continue the case for up to six months for a permanency review
hearing, provided that the hearing shall occur within 18 months of
the date the child was originally taken from the physical custody of
his or her parent or guardian.  The court shall continue the case
only if it finds that there is a substantial probability that the
child will be returned to the physical custody of his or her parent
or guardian and safely maintained in the home within the extended
period of time or that reasonable services have not been provided to
the parent or guardian.  For the purposes of this section, in order
to find a substantial probability that the child will be returned to
the physical custody of his or her parent or guardian and safely
maintained in the home within the extended period of time, the court
shall be required to find all of the following:
   (A) That the parent or guardian has consistently and regularly
contacted and visited with the child.
   (B) That the parent or guardian has made significant progress in
resolving problems that led to the child's removal from the home.
   (C) The parent or guardian has demonstrated the capacity and
ability both to complete the objectives of his or her treatment plan
and to provide for the child's safety, protection, physical and
emotional well-being, and special needs.
   The court shall inform the parent or guardian that if the child
cannot be returned home by the next permanency review hearing, a
proceeding pursuant to Section 366.36 may be instituted.  The court
shall not order that a hearing pursuant to Section 366.26 be held
unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or guardian.
   (2) Order that the child remain in long-term foster care, but only
if the court finds by clear and convincing evidence, based upon the
evidence already presented to it, including a recommendation by the
State Department of Social Services when it is acting as an adoption
agency or by a licensed adoption agency, that there is a compelling
reason for determining that a hearing held pursuant to Section 366.26
is not in the best interest of the child because the child is not a
proper subject for adoption and has no one willing to accept legal
guardianship.  For purposes of this section, a recommendation by the
State Department of Social Services when it is acting as an adoption
agency or by a licensed adoption agency that adoption is not in the
best interest of the child shall constitute a compelling reason for
the court's determination.  That recommendation shall be based on the
present circumstances of the child and shall not preclude a
different recommendation at a later date if the child's circumstances
change.
   (3) Order that a hearing be held within 120 days, pursuant to
Section 366.26, if there is clear and convincing evidence that
reasonable services have been provided or offered to the parents.
   Evidence of any or all of the following circumstances shall not,
in and of themselves, be deemed a failure to provide or offer
reasonable services:
   (A) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (B) The case plan includes services to achieve legal permanence
for the child if efforts to reunify fail.
   (C) Services to achieve legal permanence for the child, if efforts
to reunify fail, are provided concurrently with services to reunify
the family.
   (h) In any case in which the court orders that a hearing pursuant
to Section 366.26 shall be held, it shall also order the termination
of reunification services to the parent.  The court shall continue to
permit the parent to visit the child pending the hearing unless it
finds that visitation would be detrimental to the child.
   (i) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
   (1) Current search efforts for an absent parent or parents.
   (2) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement.  Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purpose of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
   (3) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.  The evaluation of the
minor's scholastic status shall include whether the child has been
identified as having exceptional needs as described in Part 30
(commencing with Section 56000) of Division 4 of Title 2 of the
Education Code or disabilities justifying accommodations as described
in Chapter 16 of Title 29 of the United States Code Annotated; and
any information concerning whether the right of the parent or
guardian to make educational decisions for the child has previously
been limited by the court under Section 7579.5 of the Government
Code; and whether the parent or guardian has previously designated an
educational representative.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship.  If a proposed guardian is a relative of the minor, and
the relative was assessed for foster care placement of the minor
prior to January 1, 1998, the assessment shall also consider, but
need not be limited to, all of the factors specified in subdivision
(a) of Section 361.3.
   (5) The relationship of the child to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (6) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (j) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with a relative, the
relative shall be eligible for aid under the Kin-GAP program as
provided in Article 4.5 (commencing with Section 11360) of Chapter 2
of Part 3 of Division 9.
   (k) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
  SEC. 2.2.  Section 366.21 of the Welfare and Institutions Code is
amended to read:
   366.21.  (a) Every hearing conducted by the juvenile court
reviewing the status of a dependent child shall be placed on the
appearance calendar.  The court shall advise all persons present at
the hearing of the date of the future hearing and of their right to
be present and represented by counsel.
   (b) Except as provided in Section 366.23 and subdivision (a) of
Section 366.3, notice of the hearing shall be mailed by the social
worker to the same persons as in the original proceeding, to the
child's parent or guardian, to the foster parents, relative care
givers, community care facility, or foster family agency having
physical custody of the child in the case of a child removed from the
physical custody of his or her parent or guardian, and to the
counsel of record if the counsel of record was not present at the
time that the hearing was set by the court, by first-class mail
addressed to the last known address of the person to be notified, or
shall be personally served on those persons, not earlier than 30 days
nor later than 15 days preceding the date to which the hearing was
continued.  Service of a copy of the notice personally or by
certified mail return receipt requested, or any other form of actual
notice is equivalent to service by first-class mail.
   The notice shall contain a statement regarding the nature of the
hearing to be held and any change in the custody or status of the
child being recommended by the supervising agency.  The notice to the
foster parent, relative care giver, or a certified foster parent who
has been approved for adoption by the State Department of Social
Services when it is acting as an adoption agency or by a licensed
adoption agency shall indicate that the foster parent, relative care
giver, or a certified foster parent who has been approved for
adoption by the State Department of Social Services when it is acting
as an adoption agency or by a licensed adoption agency may attend
all hearings or may submit any information he or she deems relevant
to the court in writing.
   (c) At least 10 calendar days prior to the hearing the social
worker shall file a supplemental report with the court regarding the
services provided or offered to the parent or guardian to enable him
or her to assume custody and the efforts made to achieve legal
permanence for the child if efforts to reunify fail, the progress
made, and, where relevant, the prognosis for return of the child to
the physical custody of his or her parent or guardian, and make his
or her recommendation for disposition.  If the child is a member of a
sibling group described in paragraph (3) of subdivision (a) of
Section 361.5, the report and recommendation may also take into
account those factors described in subdivision (e) relating to the
child's sibling group.  If the recommendation is not to return the
child to a parent or guardian, the report shall specify why the
return of the child would be detrimental to the child.  The social
worker shall provide the parent or guardian with a copy of the
report, including his or her recommendation for disposition, at least
10 calendar days prior to the hearing.  In the case of a child
removed from the physical custody of his or her parent or guardian,
the social worker shall provide a summary of his or her
recommendation for disposition to the counsel for the child, any
court-appointed child advocate, foster parents, relative care givers,
certified foster parents who have been approved for adoption by the
State Department of Social Services when it is acting as an adoption
agency or by a licensed adoption agency, community care facility, or
foster family agency having the physical custody of the child at
least 10 calendar days before the hearing.
   (d) Prior to any hearing involving a child in the physical custody
of a community care facility or foster family agency that may result
in the return of the child to the physical custody of his or her
parent or guardian, or in adoption or the creation of a legal
guardianship, the facility or agency shall file with the court a
report containing its recommendation for disposition.  Prior to the
hearing involving a child in the physical custody of a foster parent,
a relative care giver, or a certified foster parent who has been
approved for adoption by the State Department of Social Services when
it is acting as an adoption agency or by a licensed adoption agency,
the foster parent, relative care giver, or the certified foster
parent who has been approved for adoption by the State Department of
Social Services when it is acting as an adoption agency or by a
licensed adoption agency, may file with the court a report containing
his or her recommendation for disposition.  The court shall consider
the report and recommendation filed pursuant to this subdivision
prior to determining any disposition.
   (e) At the review hearing held six months after the initial
dispositional hearing, the court shall order the return of the child
to the physical custody of his or her parent or guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or guardian would create a substantial
risk of detriment to the safety, protection, or physical or
emotional well-being of the child.  The social worker shall have the
burden of establishing that detriment.  The failure of the parent or
guardian to participate regularly and make substantive progress in
court-ordered treatment programs shall be prima facie evidence that
return would be detrimental.  In making its determination, the court
shall review and consider the social worker's report and
recommendations and the report and recommendations of any child
advocate appointed pursuant to Section 356.5; and shall consider the
efforts or progress, or both, demonstrated by the parent or guardian
and the extent to which he or she availed himself or herself of
services provided.
   Evidence of any or all of the following circumstances shall not,
in and of themselves, be deemed a failure to provide or offer
reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (2) The case plan includes services to achieve legal permanence
for the child if efforts to reunify fail.
   (3) Services to achieve legal permanence for the child, if efforts
to reunify fail, are provided concurrently with services to reunify
the family.
           Whether or not the child is returned to a parent or
guardian, the court shall specify the factual basis for its
conclusion that the return would be detrimental or would not be
detrimental.  The court also shall make appropriate findings pursuant
to subdivision (a) of Section 366; and where relevant, shall order
any additional services reasonably believed to facilitate the return
of the child to the custody of his or her parent or guardian.  The
court shall also inform the parent or guardian that if the child
cannot be returned home by the 12-month permanency hearing, a
proceeding pursuant to Section 366.26 may be instituted.  This
section does not apply in a case where, pursuant to Section 361.5,
the court has ordered that reunification services shall not be
provided.
   If the child was under the age of three years on the date of the
initial removal or is a member of a sibling group described in
paragraph (3) of subdivision (a) of Section 361.5 and the court finds
by clear and convincing evidence that the parent failed to
participate regularly and make substantive progress in a
court-ordered treatment plan, the court may schedule a hearing
pursuant to Section 366.26 within 120 days.  If, however, the court
finds there is a substantial probability that the child, who was
under the age of three years on the date of initial removal or is a
member of a sibling group described in paragraph (3) of subdivision
(a) of Section 361.5, may be returned to his or her parent or
guardian within six months or that reasonable services have not been
provided, the court shall continue the case to the 12-month
permanency hearing.
   For the purpose of placing and maintaining a sibling group
together in a permanent home, the court, in making its determination
to schedule a hearing pursuant to Section 366.26 for some or all
members of a sibling group, as described in paragraph (3) of
subdivision (a) of Section 361.5, shall review and consider the
social worker's report and recommendations.  Factors the report shall
address, and the court shall consider, may include, but need not be
limited to, whether the sibling group was removed from parental care
as a group, the closeness and strength of the sibling bond, the ages
of the siblings, the appropriateness of maintaining the sibling group
together, the detriment to the child if sibling ties are not
maintained, the likelihood of finding a permanent home for the
sibling group, whether the sibling group is currently placed together
in a preadoptive home or has a concurrent plan goal of legal
permanency in the same home, the wishes of each child whose age and
physical and emotional condition permits a meaningful response, and
the best interest of each child in the sibling group.  The court
shall specify the factual basis for its finding that it is in the
best interest of each child to schedule a hearing pursuant to Section
366.26 in 120 days for some or all of the members of the sibling
group.
   If the child was removed initially under subdivision (g) of
Section 300 and the court finds by clear and convincing evidence that
the whereabouts of the parent are still unknown, or the parent has
failed to contact and visit the child, the court may schedule a
hearing pursuant to Section 366.26 within 120 days.  If the court
finds by clear and convincing evidence that the parent has been
convicted of a felony indicating parental unfitness, the court may
schedule a hearing pursuant to Section 366.26 within 120 days.
   If the child had been placed under court supervision with a
previously noncustodial parent pursuant to Section 361.2, the court
shall determine whether supervision is still necessary.  The court
may terminate supervision and transfer permanent custody to that
parent, as provided for by paragraph (1) of subdivision (a) of
Section 361.2.
   In all other cases, the court shall direct that any reunification
services previously ordered shall continue to be offered to the
parent or guardian pursuant to the time periods set forth in
subdivision (a) of Section 361.5, provided that the court may modify
the terms and conditions of those services.
   If the child is not returned to his or her parent or guardian, the
court shall determine whether reasonable services have been provided
or offered to the parent or guardian that were designed to aid the
parent or guardian in overcoming the problems that led to the initial
removal and the continued custody of the child.  The court shall
order that those services be initiated, continued, or terminated.
   (f) The permanency hearing shall be held no later than 12 months
after the date the child entered foster care, as that date is
determined pursuant to subdivision (a) of Section 361.5.  At the
permanency hearing, the court shall determine the permanent plan for
the child, that shall include a determination of whether the child
will be returned to the child's home and, if so, when, within the
time limits of subdivision (a) of Section 361.5.  The court shall
order the return of the child to the physical custody of his or her
parent or guardian unless the court finds, by a preponderance of the
evidence, that the return of the child to his or her parent or
guardian would create a substantial risk of detriment to the safety,
protection, or physical or emotional well-being of the child.  The
social worker shall have the burden of establishing that detriment.
The court shall also determine whether reasonable services have been
provided or offered to the parent or guardian that were designed to
aid the parent or guardian to overcome the problems that led to the
initial removal and continued custody of the child.  The failure of
the parent or guardian to participate regularly and make substantive
progress in court-ordered treatment programs shall be prima facie
evidence that return would be detrimental.  In making its
determination, the court shall review and consider the social worker'
s report and recommendations and the report and recommendations of
any child advocate appointed pursuant to Section 356.5; shall
consider the efforts or progress, or both, demonstrated by the parent
or guardian and the extent to which he or she availed himself or
herself of services provided; and shall make appropriate findings
pursuant to subdivision (a) of Section 366.
   Evidence of any or all of the following circumstances shall not,
in and of themselves, be deemed a failure to provide or offer
reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (2) The case plan includes services to achieve legal permanence
for the child if efforts to reunify fail.
   (3) Services to achieve legal permanence for the child, if efforts
to reunify fail, are provided concurrently with services to reunify
the family.
   Whether or not the child is returned to his or her parent or
guardian, the court shall specify the factual basis for its decision.
  If the child is not returned to a parent or guardian, the court
shall specify the factual basis for its conclusion that the return
would be detrimental.  The court also shall make a finding pursuant
to subdivision (a) of Section 366.
   (g) If the time period in which the court-ordered services were
provided has met or exceeded the time period set forth in paragraph
(1) , (2) or (3) of subdivision (a) of Section 361.5, as appropriate,
and a child is not returned to the custody of a parent or guardian
at the permanency hearing held pursuant to subdivision (f), the court
shall do one of the following:
   (1) Continue the case for up to six months for a permanency review
hearing, provided that the hearing shall occur within 18 months of
the date the child was originally taken from the physical custody of
his or her parent or guardian.  The court shall continue the case
only if it finds that there is a substantial probability that the
child will be returned to the physical custody of his or her parent
or guardian and safely maintained in the home within the extended
period of time or that reasonable services have not been provided to
the parent or guardian.  For the purposes of this section, in order
to find a substantial probability that the child will be returned to
the physical custody of his or her parent or guardian and safely
maintained in the home within the extended period of time, the court
shall be required to find all of the following:
   (A) That the parent or guardian has consistently and regularly
contacted and visited with the child.
   (B) That the parent or guardian has made significant progress in
resolving problems that led to the child's removal from the home.
   (C) The parent or guardian has demonstrated the capacity and
ability both to complete the objectives of his or her treatment plan
and to provide for the child's safety, protection, physical and
emotional well-being, and special needs.
   The court shall inform the parent or guardian that if the child
cannot be returned home by the next permanency review hearing, a
proceeding pursuant to Section 366.36 may be instituted.  The court
shall not order that a hearing pursuant to Section 366.26 be held
unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or guardian.
   (2) Order that the child remain in long-term foster care, but only
if the court finds by clear and convincing evidence, based upon the
evidence already presented to it, including a recommendation by the
State Department of Social Services when it is acting as an adoption
agency or by a licensed adoption agency, that there is a compelling
reason for determining that a hearing held pursuant to Section 366.26
is not in the best interest of the child because the child is not a
proper subject for adoption and has no one willing to accept legal
guardianship.  For purposes of this section, a recommendation by the
State Department of Social Services when it is acting as an adoption
agency or by a licensed adoption agency that adoption is not in the
best interest of the child shall constitute a compelling reason for
the court's determination.  That recommendation shall be based on the
present circumstances of the child and shall not preclude a
different recommendation at a later date if the child's circumstances
change.
   (3) Order that a hearing be held within 120 days, pursuant to
Section 366.26, if there is clear and convincing evidence that
reasonable services have been provided or offered to the parents.
   Evidence of any or all of the following circumstances shall not,
in and of themselves, be deemed a failure to provide or offer
reasonable services:
   (A) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (B) The case plan includes services to achieve legal permanence
for the child if efforts to reunify fail.
   (C) Services to achieve legal permanence for the child, if efforts
to reunify fail, are provided concurrently with services to reunify
the family.
   (h) In any case in which the court orders that a hearing pursuant
to Section 366.26 shall be held, it shall also order the termination
of reunification services to the parent.  The court shall continue to
permit the parent to visit the child pending the hearing unless it
finds that visitation would be detrimental to the child.
   (i) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
   (1) Current search efforts for an absent parent or parents.
   (2) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement.  Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purpose of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
   (3) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship.  If a proposed guardian is a relative of the minor, and
the relative was assessed for foster care placement of the minor
prior to January 1, 1998, the assessment shall also consider, but
need not be limited to, all of the factors specified in subdivision
(a) of Section 361.3.
   (5) The relationship of the child to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (6) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (j) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with a relative, the
relative shall be eligible for aid under the Kin-GAP program as
provided in Article 4.5 (commencing with Section 11360) of Chapter 2
of Part 3 of Division 9.
   (k) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
  SEC. 2.3.  Section 366.21 of the Welfare and Institutions Code is
amended to read:
   366.21.  (a) Every hearing conducted by the juvenile court
reviewing the status of a dependent child shall be placed on the
appearance calendar.  The court shall advise all persons present at
the hearing of the date of the future hearing and of their right to
be present and represented by counsel.
   (b) Except as provided in Section 366.23 and subdivision (a) of
Section 366.3, notice of the hearing shall be mailed by the social
worker to the same persons as in the original proceeding, to the
child's parent or guardian, to the foster parents, relative care
givers, community care facility, or foster family agency having
physical custody of the child in the case of a child removed from the
physical custody of his or her parent or guardian, and to the
counsel of record if the counsel of record was not present at the
time that the hearing was set by the court, by first-class mail
addressed to the last known address of the person to be notified, or
shall be personally served on those persons, not earlier than 30 days
nor later than 15 days preceding the date to which the hearing was
continued.  Service of a copy of the notice personally or by
certified mail return receipt requested, or any other form of actual
notice is equivalent to service by first-class mail.
   The notice shall contain a statement regarding the nature of the
hearing to be held and any change in the custody or status of the
child being recommended by the supervising agency.  The notice to the
foster parent, relative care giver, or a certified foster parent who
has been approved for adoption by the State Department of Social
Services when it is acting as an adoption agency or by a licensed
adoption agency shall indicate that the foster parent, relative care
giver, or a certified foster parent who has been approved for
adoption by the State Department of Social Services when it is acting
as an adoption agency or by a licensed adoption agency may attend
all hearings or may submit any information he or she deems relevant
to the court in writing.
   (c) At least 10 calendar days prior to the hearing, the social
worker shall file a supplemental report with the court regarding the
services provided or offered to the parent or guardian to enable him
or her to assume custody and the efforts made to achieve legal
permanence for the child if efforts to reunify fail, the progress
made, and, where relevant, the prognosis for return of the child to
the physical custody of his or her parent or guardian, and make his
or her recommendation for disposition.  If the child is a member of a
sibling group described in paragraph (3) of subdivision (a) of
Section 361.5, the report and recommendation may also take into
account those factors described in subdivision (e) relating to the
child's sibling group.  If the recommendation is not to return the
child to a parent or guardian, the report shall specify why the
return of the child would be detrimental to the child.  The social
worker shall provide the parent or guardian with a copy of the
report, including his or her recommendation for disposition, at least
10 calendar days prior to the hearing.  In the case of a child
removed from the physical custody of his or her parent or guardian,
the social worker shall provide a summary of his or her
recommendation for disposition to the counsel for the child, any
court-appointed child advocate, foster parents, relative care givers,
certified foster parents who have been approved for adoption by the
State Department of Social Services when it is acting as an adoption
agency or by a licensed adoption agency, community care facility, or
foster family agency having the physical custody of the child at
least 10 calendar days before the hearing.
   (d) Prior to any hearing involving a child in the physical custody
of a community care facility or foster family agency that may result
in the return of the child to the physical custody of his or her
parent or guardian, or in adoption or the creation of a legal
guardianship, the facility or agency shall file with the court a
report containing its recommendation for disposition.  Prior to the
hearing involving a child in the physical custody of a foster parent,
a relative care giver, or a certified foster parent who has been
approved for adoption by the State Department of Social Services when
it is acting as an adoption agency or by a licensed adoption agency,
the foster parent, relative care giver, or the certified foster
parent who has been approved for adoption by the State Department of
Social Services when it is acting as an adoption agency or by a
licensed adoption agency, may file with the court a report containing
his or her recommendation for disposition.  The court shall consider
the report and recommendation filed pursuant to this subdivision
prior to determining any disposition.
   (e) At the review hearing held six months after the initial
dispositional hearing, the court shall order the return of the child
to the physical custody of his or her parent or guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or guardian would create a substantial
risk of detriment to the safety, protection, or physical or
emotional well-being of the child.  The social worker shall have the
burden of establishing that detriment.  The failure of the parent or
guardian to participate regularly and make substantive progress in
court-ordered treatment programs shall be prima facie evidence that
return would be detrimental.  In making its determination, the court
shall review and consider the social worker's report and
recommendations and the report and recommendations of any child
advocate appointed pursuant to Section 356.5; and shall consider the
efforts or progress, or both, demonstrated by the parent or guardian
and the extent to which he or she availed himself or herself of
services provided.
   Evidence of any or all of the following circumstances shall not,
in and of themselves, be deemed a failure to provide or offer
reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (2) The case plan includes services to achieve legal permanence
for the child if efforts to reunify fail.
   (3) Services to achieve legal permanence for the child, if efforts
to reunify fail, are provided concurrently with services to reunify
the family.
   Whether or not the child is returned to a parent or guardian, the
court shall specify the factual basis for its conclusion that the
return would be detrimental or would not be detrimental.  The court
also shall make appropriate findings pursuant to subdivision (a) of
Section 366; and where relevant, shall order any additional services
reasonably believed to facilitate the return of the child to the
custody of his or her parent or guardian.  The court shall also
inform the parent or guardian that if the child cannot be returned
home by the 12-month permanency hearing, a proceeding pursuant to
Section 366.26 may be instituted.  This section does not apply in a
case where, pursuant to Section 361.5, the court has ordered that
reunification services shall not be provided.
   If the child was under the age of three years on the date of the
initial removal or is a member of a sibling group described in
paragraph (3) of subdivision (a) of Section 361.5 and the court finds
by clear and convincing evidence that the parent failed to
participate regularly and make substantive progress in a
court-ordered treatment plan, the court may schedule a hearing
pursuant to Section 366.26 within 120 days.  If, however, the court
finds there is a substantial probability that the child, who was
under the age of three years on the date of initial removal or is a
member of a sibling group described in paragraph (3) of subdivision
(a) of Section 361.5, may be returned to his or her parent or
guardian within six months or that reasonable services have not been
provided, the court shall continue the case to the 12-month
permanency hearing.
   For the purpose of placing and maintaining a sibling group
together in a permanent home, the court, in making its determination
to schedule a hearing pursuant to Section 366.26 for some or all
members of a sibling group, as described in paragraph (3) of
subdivision (a) of Section 361.5, shall review and consider the
social worker's report and recommendations.  Factors the report shall
address, and the court shall consider, may include, but need not be
limited to, whether the sibling group was removed from parental care
as a group, the closeness and strength of the sibling bond, the ages
of the siblings, the appropriateness of maintaining the sibling group
together, the detriment to the child if sibling ties are not
maintained, the likelihood of finding a permanent home for the
sibling group, whether the sibling group is currently placed together
in a preadoptive home or has a concurrent plan goal of legal
permanency in the same home, the wishes of each child whose age and
physical and emotional condition permits a meaningful response, and
the best interest of each child in the sibling group.  The court
shall specify the factual basis for its finding that it is in the
best interest of each child to schedule a hearing pursuant to Section
366.26 in 120 days for some or all of the members of the sibling
group.
   If the child was removed initially under subdivision (g) of
Section 300 and the court finds by clear and convincing evidence that
the whereabouts of the parent are still unknown, or the parent has
failed to contact and visit the child, the court may schedule a
hearing pursuant to Section 366.26 within 120 days.  If the court
finds by clear and convincing evidence that the parent has been
convicted of a felony indicating parental unfitness, the court may
schedule a hearing pursuant to Section 366.26 within 120 days.
   If the child had been placed under court supervision with a
previously noncustodial parent pursuant to Section 361.2, the court
shall determine whether supervision is still necessary.  The court
may terminate supervision and transfer permanent custody to that
parent, as provided for by paragraph (1) of subdivision (a) of
Section 361.2.
   In all other cases, the court shall direct that any reunification
services previously ordered shall continue to be offered to the
parent or guardian pursuant to the time periods set forth in
subdivision (a) of Section 361.5, provided that the court may modify
the terms and conditions of those services.
   If the child is not returned to his or her parent or guardian, the
court shall determine whether reasonable services have been provided
or offered to the parent or guardian that were designed to aid the
parent or guardian in overcoming the problems that led to the initial
removal and the continued custody of the child.  The court shall
order that those services be initiated, continued, or terminated.
   (f) The permanency hearing shall be held no later than 12 months
after the date the child entered foster care, as that date is
determined pursuant to subdivision (a) of Section 361.5.  At the
permanency hearing, the court shall determine the permanent plan for
the child, that shall include a determination of whether the child
will be returned to the child's home and, if so, when, within the
time limits of subdivision (a) of Section 361.5.  The court shall
order the return of the child to the physical custody of his or her
parent or guardian unless the court finds, by a preponderance of the
evidence, that the return of the child to his or her parent or
guardian would create a substantial risk of detriment to the safety,
protection, or physical or emotional well-being of the child.  The
social worker shall have the burden of establishing that detriment.
The court shall also determine whether reasonable services have been
provided or offered to the parent or guardian that were designed to
aid the parent or guardian to overcome the problems that led to the
initial removal and continued custody of the child.  The failure of
the parent or guardian to participate regularly and make substantive
progress in court-ordered treatment programs shall be prima facie
evidence that return would be detrimental.  In making its
determination, the court shall review and consider the social worker'
s report and recommendations and the report and recommendations of
any child advocate
appointed pursuant to Section 356.5; shall consider the efforts or
progress, or both, demonstrated by the parent or guardian and the
extent to which he or she availed himself or herself of services
provided; and shall make appropriate findings pursuant to subdivision
(a) of Section 366.
   Evidence of any or all of the following circumstances shall not,
in and of themselves, be deemed a failure to provide or offer
reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (2) The case plan includes services to achieve legal permanence
for the child if efforts to reunify fail.
   (3) Services to achieve legal permanence for the child, if efforts
to reunify fail, are provided concurrently with services to reunify
the family.
   Whether or not the child is returned to his or her parent or
guardian, the court shall specify the factual basis for its decision.
  If the child is not returned to a parent or guardian, the court
shall specify the factual basis for its conclusion that the return
would be detrimental.  The court also shall make a finding pursuant
to subdivision (a) of Section 366.
   (g) If the time period in which the court-ordered services were
provided has met or exceeded the time period set forth in paragraph
(1) , (2), or (3) of subdivision (a) of Section 361.5, as
appropriate, and a child is not returned to the custody of a parent
or guardian at the permanency hearing held pursuant to subdivision
(f), the court shall do one of the following:
   (1) Continue the case for up to six months for a permanency review
hearing, provided that the hearing shall occur within 18 months of
the date the child was originally taken from the physical custody of
his or her parent or guardian.  The court shall continue the case
only if it finds that there is a substantial probability that the
child will be returned to the physical custody of his or her parent
or guardian and safely maintained in the home within the extended
period of time or that reasonable services have not been provided to
the parent or guardian.  For the purposes of this section, in order
to find a substantial probability that the child will be returned to
the physical custody of his or her parent or guardian and safely
maintained in the home within the extended period of time, the court
shall be required to find all of the following:
   (A) That the parent or guardian has consistently and regularly
contacted and visited with the child.
   (B) That the parent or guardian has made significant progress in
resolving problems that led to the child's removal from the home.
   (C) The parent or guardian has demonstrated the capacity and
ability both to complete the objectives of his or her treatment plan
and to provide for the child's safety, protection, physical and
emotional well-being, and special needs.
   The court shall inform the parent or guardian that if the child
cannot be returned home by the next permanency review hearing, a
proceeding pursuant to Section 366.36 may be instituted.  The court
shall not order that a hearing pursuant to Section 366.26 be held
unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or guardian.
   (2) Order that the child remain in long-term foster care, but only
if the court finds by clear and convincing evidence, based upon the
evidence already presented to it, including a recommendation by the
State Department of Social Services when it is acting as an adoption
agency or by a licensed adoption agency, that there is a compelling
reason for determining that a hearing held pursuant to Section 366.26
is not in the best interest of the child because the child is not a
proper subject for adoption and has no one willing to accept legal
guardianship.  For purposes of this section, a recommendation by the
State Department of Social Services when it is acting as an adoption
agency or by a licensed adoption agency that adoption is not in the
best interest of the child shall constitute a compelling reason for
the court's determination.  That recommendation shall be based on the
present circumstances of the child and shall not preclude a
different recommendation at a later date if the child's circumstances
change.
   (3) Order that a hearing be held within 120 days, pursuant to
Section 366.26, if there is clear and convincing evidence that
reasonable services have been provided or offered to the parents.
   Evidence of any or all of the following circumstances shall not,
in and of themselves, be deemed a failure to provide or offer
reasonable services:
   (A) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (B) The case plan includes services to achieve legal permanence
for the child if efforts to reunify fail.
   (C) Services to achieve legal permanence for the child, if efforts
to reunify fail, are provided concurrently with services to reunify
the family.
   (h) In any case in which the court orders that a hearing pursuant
to Section 366.26 shall be held, it shall also order the termination
of reunification services to the parent.  The court shall continue to
permit the parent to visit the child pending the hearing unless it
finds that visitation would be detrimental to the child.
   (i) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
   (1) Current search efforts for an absent parent or parents.
   (2) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement.  Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purpose of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
   (3) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.  The evaluation of the
minor's scholastic status shall include whether the child has been
identified as having exceptional needs as described in Part 30
(commencing with Section 56000) of Division 4 of Title 2 of the
Education Code or disabilities justifying accommodations as described
in Chapter 16 of Title 29 of the United States Code Annotated; and
any information concerning whether the right of the parent or
guardian to make educational decisions for the child has previously
been limited by the court under Section 7579.5 of the Government
Code; and whether the parent or guardian has previously designated an
educational representative.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship.  If a proposed guardian is a relative of the minor, and
the relative was assessed for foster care placement of the minor
prior to January 1, 1998, the assessment shall also consider, but
need not be limited to, all of the factors specified in subdivision
(a) of Section 361.3.
   (5) The relationship of the child to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (6) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (j) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with a relative, the
relative shall be eligible for aid under the Kin-GAP program as
provided in Article 4.5 (commencing with Section 11360) of Chapter 2
of Part 3 of Division 9.
   (k) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
  SEC. 3.  Section 366.22 of the Welfare and Institutions Code is
amended to read:
   366.22.  (a) When a case has been continued pursuant to paragraph
(1) of subdivision (g) of Section 366.21, the permanency review
hearing shall occur within 18 months after the date the child was
originally removed from the physical custody of his or her parent or
guardian.  The court shall order the return of the child to the
physical custody of his or her parent or guardian unless the court
finds, by a preponderance of the evidence, that the return of the
child to his or her parent or guardian would create a substantial
risk of detriment to the safety, protection, or physical or emotional
well-being of the child.  The social worker shall have the burden of
establishing that detriment.  The failure of the parent or guardian
to participate regularly and make substantive progress in
court-ordered treatment programs shall be prima facie evidence that
return would be detrimental.  In making its determination, the court
shall review and consider the social worker's report and
recommendations and the report and recommendations of any child
advocate appointed pursuant to Section 356.5; shall consider the
efforts or progress, or both, demonstrated by the parent or guardian
and the extent to which he or she availed himself or herself of
services provided; and shall make appropriate findings pursuant to
subdivision (a) of Section 366.
   Evidence of any or all of the following circumstances shall not,
in and of themselves, be deemed a failure to provide or offer
reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (2) The case plan includes services to achieve legal permanence
for the child if efforts to reunify fail.
   (3) Services to achieve legal permanence for the child, if efforts
to reunify fail, are provided concurrently with services to reunify
the family.
   Whether or not the child is returned to his or her parent or
guardian, the court shall specify the factual basis for its decision.
  If the child is not returned to a parent or guardian, the court
shall specify the factual basis for its conclusion that return would
be detrimental.
   If the child is not returned to a parent or guardian at the
permanency review hearing, the court shall order that a hearing be
held pursuant to Section 366.26 in order to determine whether
adoption, guardianship, or long-term foster care is the most
appropriate plan for the child.  However, if the court finds by clear
and convincing evidence, based on the evidence already presented to
it, including a recommendation by the State Department of Social
Services when it is acting as an adoption agency or by a licensed
adoption agency, that there is a compelling reason, as described in
paragraph (2) of subdivision (g) of Section 366.21, for determining
that a hearing held under Section 366.26 is not in the best interest
of the child because the child is not a proper subject for adoption
and has no one willing to accept legal guardianship, then the court
may, only under these circumstances, order that the child remain in
long-term foster care.  The hearing shall be held no later than 120
days from the date of the permanency review hearing.  The court shall
also order termination of reunification services to the parent.  The
court shall continue to permit the parent to visit the child unless
it finds that visitation would be detrimental to the child.  The
court shall determine whether reasonable services have been offered
or provided to the parent or guardian.
   (b) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
   (1) Current search efforts for an absent parent or parents.
   (2) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement.  Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purposes of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
   (3) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship.  If a proposed guardian is a relative of the minor, and
the relative was assessed for foster care placement of the minor
prior to January 1, 1998, the assessment shall also consider, but
need not be limited to, all of the factors specified in subdivision
(a) of Section 361.3.
   (5) The relationship of the child to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (6) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (c) This section shall become operative January 1, 1999.  If at
any hearing held pursuant to Section 366.26, a guardianship is
established for the minor with a relative, the relative shall be
eligible for aid under the Kin-GAP program as provided in Article 4.5
(commencing with Section 11360) of Chapter 2 of Part 3 of Division
9.
   (d) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
  SEC. 4.  (a) Section 1.1 of this bill incorporates amendments to
Section 361.5 of the Welfare and Institutions Code proposed by both
this bill and AB 645.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2000,
(2) each bill amends Section 361.5 of the Welfare and Institutions
Code, and (3) AB 740 is not enacted or as enacted does not amend that
section, and (4) this bill is enacted after AB 645, in which case
Sections 1, 1.2, and 1.3 of this bill shall not become operative.
   (b) Section 1.2 of this bill incorporates amendments to Section
361.5 of the Welfare and Institutions Code proposed by both this bill
and AB 740.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2000, (2) each
bill amends Section 361.5 of the Welfare and Institutions Code, (3)
AB 645 is not enacted or as enacted does not amend that section, and
(4) this bill is enacted after AB 740, in which case Sections 1, 1.1,
and 1.3 of this bill shall not become operative.
   (c) Section 1.3 of this bill incorporates amendments to Section
361.5 of the Welfare and Institutions Code proposed by this bill, AB
645, and AB 740.  It shall only become operative if (1) all three
bills are enacted and become effective on or before January 1, 2000,
(2) all three bills amend Section 361.5 of the Welfare and
Institutions Code, and (3) this bill is enacted after AB 645 and AB
740, in which case Sections 1, 1.1, and 1.2 of this bill shall not
become operative.
  SEC. 5.  (a) Section 2.1 of this bill incorporates amendments to
Section 366.21 of the Welfare and Institutions Code proposed by both
this bill and AB 645.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2000,
(2) each bill amends Section 366.21 of the Welfare and Institutions
Code, and (3) AB 740 is not enacted or as enacted does not amend that
section, and (4) this bill is enacted after AB 645, in which case
Sections 2, 2.2, and 2.3 of this bill shall not become operative.
   (b) Section 2.2 of this bill incorporates amendments to Section
366.21 of the Welfare and Institutions Code proposed by both this
bill and AB 740.  It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2000, (2)
each bill amends Section 366.21 of the Welfare and Institutions Code,
(3) AB 645 is not enacted or as enacted does not amend that section,
and (4) this bill is enacted after AB 740, in which case Sections 2,
2.1, and 2.3 of this bill shall not become operative.
   (c) Section 2.3 of this bill incorporates amendments to Section
366.21 of the Welfare and Institutions Code proposed by this bill, AB
645, and AB 740.  It shall only become operative if (1) all three
bills are enacted and become effective on or before January 1, 2000,
(2) all three bills amend Section 366.21 of the Welfare and
Institutions Code, and (3) this bill is enacted after AB 645 and AB
740, in which case Sections 2, 2.1, and 2.2 of this bill shall not
become operative.
